Plagiarism Today
JULY 13, 2023
Shein named in new copyright lawsuit, Italy takes aim at live event piracy, and the US Senate holds a hearing on AI and copyright. The post 3 Count: Fashion Disaster appeared first on Plagiarism Today.
IP Watchdog
JULY 13, 2023
On July 12, the U.S. Senate Judiciary Committee’s Subcommittee on Intellectual Property held its second hearing in two months on the intersection of artificial intelligence (AI) developments and intellectual property rights. This most recent hearing focused on potential violations of copyright law by generative AI platforms, the impact of those platforms on human creators, and ways in which AI companies can implement technological solutions to protect copyright owners and consumers alike.
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Plagiarism Today
JULY 13, 2023
A scientist has filed a lawsuit against the journal PLOS One seeking an injunction against an expression of concern on one of her articles. The post Scientist Sues Journal to Block Expression of Concern appeared first on Plagiarism Today.
Velocity of Content
JULY 13, 2023
After introducing The State of Scholarly Metadata: 2023 interactive report this April at the London Book Fair, we have continued to facilitate conversations about the importance of quality metadata with those in scholarly communications. As part of our goal to continuously explore these challenges with the broader community, CCC is pleased to host a virtual panel, The State of Scholarly Metadata in 2023: Industry Insights From Around the Globe , on Thursday, 20 July at 11 AM EDT.
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?
Michael Geist
JULY 13, 2023
The implications of the legislative disaster that is Bill C-18 continue to unfold as Canadian Heritage Minister Pablo Rodriguez is now essentially doing precisely what he said would not do, namely negotiate with the big tech platforms over government mandated payments for news links. Rodriguez had long claimed that the bill was designed to keep the government out of the issue and to leave it to the platforms and media companies to craft agreements.
SpicyIP
JULY 13, 2023
Image from here Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation. This heightened interest in patent quality has gained significant attention from different stakeholders due to the criticism that the European Patent Office (EPO) management has been facin
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
JULY 13, 2023
Jaime Rogozinski, a/k/a “ jartek ,” created the r/WallStreetBets subreddit, which became notorious for (among other lowlights) its role as a venue for hyping meme stocks like Gamestop. Rogozinski sought a trademark registration for the term “WallStreetBets” and published a book with the term in the title. In response, Reddit temporarily suspended his account and terminated his moderator privileges for attempting to monetize a community.
Cogency Global
JULY 13, 2023
What this is : Let's navigate the complexities of international arbitration and explore key elements such as the enforceability of arbitration awards, interpretation of "adequate notice" and the role of a process agent in such scenarios. What this means : You should never underestimate the need for diligent practices in contract drafting, especially regarding arbitration clauses and notification processes.
TorrentFreak
JULY 13, 2023
With more than 13 million books available for download, Z-Library is one of the largest repositories of pirated books on the Internet. The site has millions of regular readers who find a wealth of free knowledge and entertainment at their fingertips. Z-Library’s very existence was put to the test last November when U.S. law enforcement agencies seized over 200 domain names connected to the site.
IP Law 360
JULY 13, 2023
Online retailer Shein has been hit with a copyright infringement and racketeering lawsuit by a group of indie designers, with their lawyers touting their investigation into the fast fashion empire as "the most exhaustive ever undertaken.
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.
Patently-O
JULY 13, 2023
by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. In that frame, the obviousness inquiry fundamentally becomes a question of whether the combination of known elements was within the toolkit of an ordinary artisan. This is a flexible analysis (KSR) with the PTO and courts typically looking for a “motivation to combine” the prior art teachings that would have a “reasonable expectation of success.” The Fede
IP Law 360
JULY 13, 2023
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
IP Intelligence
JULY 13, 2023
The Supreme Court recently ruled in Abitron Austria GmbH v. Hetronic International, Inc. that Lanham Act (Act) remedies for trademark infringement do not extend to infringing conduct that takes place outside the United States, regardless of whether the activity creates a likelihood of confusion within the United States — and in the process vacated $96 million of a $115 million jury verdict in favor of Hetronic.
IP Law 360
JULY 13, 2023
A festival organizer is suing the Minnesota Twins in a Wisconsin federal court, claiming on Thursday that the MLB team's "Twin City Summer Fest" festival has infringed its trademark and subsequently created confusion and harmed its reputation.
LexBlog IP
JULY 13, 2023
In Blue Gentian, LLC v. Tristar Prods. Inc. , No. 21-2316, 21-2317 (Fed. Cir. June 9, 2023), the Court of Appeals for the Federal Circuit (“the Federal Circuit”) affirmed a decision of the District Court of New Jersey ordering a correction of inventorship on six asserted patents under 35 U.S.C. §256.
IP Law 360
JULY 13, 2023
Tilray Inc. is fighting a former business partner's bid to ax its counterclaims and some affirmative defenses in a suit alleging the cannabis company and its subsidiary breached a contract to sell Bob Marley-branded products in Canada, saying it's adequately pled that the other company breached the contract by ignoring dispute-resolution provisions in the deal and filing suit.
IP Watchdog
JULY 13, 2023
Novartis is currently involved in a multi-district patent litigation campaign to block generic entrants for Entresto®, which is Novartis’ blockbuster heart medication. In the fall of 2022, Novartis went to trial on the validity of one of the asserted patents, U.S. Patent No. 8,101,659 (“the ‘659 patent”). On July 7, 2023, the district court invalidated the patent for lack of written description despite rejecting an enablement defense based upon the same evidence.
IP Law 360
JULY 13, 2023
K&L Gates LLP has hired an intellectual property partner in Charlotte, North Carolina, who is bringing with him a group of six employees from their former firm, Womble Bond Dickinson.
LexBlog IP
JULY 13, 2023
Interesting Patents | Fishing Storage Device: A Game-Changer for Anglers by Jaime Chandra The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.
IP Law 360
JULY 13, 2023
In a trio of brief, page-long decisions on Thursday, judges on the Federal Circuit swiftly shut down three appeals they heard earlier this week in patent disputes that had targeted companies including Dell, Sprint and German chemical giant BASF Corp.
JD Supra Law
JULY 13, 2023
In the Public Interest is excited to present a miniseries examining notable decisions recently issued by the United States Supreme Court. The first episode in the miniseries welcomes WilmerHale Partner Thomas Saunders, who focuses his practice on appellate and government litigation with a particular emphasis on intellectual property. In the episode, Saunders joins co-host Felicia Ellsworth to discuss the Court's decision in Jack Daniel's Properties, Inc. v.
Patent Trademark Blog
JULY 13, 2023
Can you copyright product designs and shapes? In addition to patents and trademarks, copyright registrations can be valuable in protecting certain products. At times, it may be too late to seek patent protection due to past public disclosures of your product. Trademark protection for product shapes can be particularly challenging. Copyright registrations, therefore, may help to protect the 2-dimensional artwork of a design, the 3-dimensional shape of a product or a combination of both.
JD Supra Law
JULY 13, 2023
In its recent decision in Abitron Austria GmbH v. Hetronic International, Inc., the Supreme Court instructed that certain trademark infringement claims can only be pursued where the infringing conduct occurs domestically. The Court unanimously rejected the argument that an infringer could be held liable under the Lanham Act for purely foreign sales that never reached the United States or confused U.S. consumers.
Likelihood of Confusion
JULY 13, 2023
UPDATE: All the below is still very relevant, very important and very significant — except as to the final judgment, which has been vacated by consent and replaced with this. The post Legal in Phoenix, liable in Central Islip appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
JULY 13, 2023
The Court of Appeals for the Federal Circuit (“CAFC”) recently revived a patent infringement suit dismissed in the Western District of Wisconsin brought by Inguran, LLC (“Inguran”) against ABS Global, Inc. (“ABS”). The CAFC held that Inguran was not barred by claim preclusion from asserting claims of induced infringement against ABS even though the parties had already litigated direct infringement of the same patent claims.
IP Watchdog
JULY 13, 2023
ArentFox Schiff LLP is seeking a patent prosecution professional (patent agent, attorney, or associate) with two to six years of experience to join our highly-regarded team in our DC, NY or Boston, MA, office. This is a client-facing position in which the candidate will work directly with inventors and scientists, so strong oral communication skills are necessary.
JD Supra Law
JULY 13, 2023
Artificial intelligence (AI) and copyright law appear to be on a collision course, with court cases and both executive and legislative activity poised to shape how copyright law will apply to AI development and uses. Recent developments provide some insights that can help guide companies as they create internal policies to deal with copyright issues that may arise in the use of AI.
IP Law 360
JULY 13, 2023
When depositions turn contentious, attorneys should, among other strategies, maintain a professional demeanor and note any objectionable conduct on the record, thereby increasing chances of a favorable outcome for the client while preserving the integrity of the legal process, say attorneys at Steptoe & Johnson.
JD Supra Law
JULY 13, 2023
The Supreme Court recently ruled in Abitron Austria GmbH v. Hetronic International, Inc. that Lanham Act (Act) remedies for trademark infringement do not extend to infringing conduct that takes place outside the United States, regardless of whether the activity creates a likelihood of confusion within the United States — and in the process vacated $96 million of a $115 million jury verdict in favor of Hetronic.
LexBlog IP
JULY 13, 2023
The Supreme Court recently ruled in Abitron Austria GmbH v. Hetronic International, Inc. that Lanham Act (Act) remedies for trademark infringement do not extend to infringing conduct that takes place outside the United States, regardless of whether the activity creates a likelihood of confusion within the United States — and in the process vacated $96 million of a $115 million jury verdict in favor of Hetronic.
JD Supra Law
JULY 13, 2023
In May, the Supreme Court issued an unusually contentious 7-2 decision concerning the fair use defense available to alleged copyright infringers. The majority decision in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith found that a 2016 license from the Andy Warhol Foundation (“AWF”) to Condé Nast for use of a silk-screened image of Prince did not constitute fair use, since AWF did not have permission from the photographer whose picture Andy Warhol used to create the image.
Copyright Alliance
JULY 13, 2023
This week we’d like to introduce you to punk rock singer Grant Kemp. You can listen to Grant’s music on Spotify and Apple Music. Be sure to also follow Grant […] The post Creator Spotlight with Punk Rock Singer Grant Kemp appeared first on Copyright Alliance.
JD Supra Law
JULY 13, 2023
The decision by the Patent Trial and Appeal Board (PTAB) in favor of Senior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") and against Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") sixteen months ago in the latest CRISPR interference No. 106,115 is the subject of appeal from both parties.
IP Intelligence
JULY 13, 2023
The Supreme Court recently ruled in Abitron Austria GmbH v. Hetronic International, Inc. that Lanham Act (Act) remedies for trademark infringement do not extend to infringing conduct that takes place outside the United States, regardless of whether the activity creates a likelihood of confusion within the United States — and in the process vacated $96 million of a $115 million jury verdict in favor of Hetronic.
JD Supra Law
JULY 13, 2023
In a post-grant review appeal, the US Court of Appeals for the Federal Circuit explained that patent claims reciting a range must enable the full scope of that range and, under the Administrative Procedure Act (APA), the Patent Trial & Appeal Board is not bound to decisions rendered in a Preliminary Guidance. Medytox, Inc. v. Galderma S.A., Case No. 22-1165 (Fed.
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