Wed.Jan 03, 2024

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Harvard President Claudine Gay Resigns

Plagiarism Today

Harvard President Claudine Gay has resigned her position following a month-long plagiarism scandal that could have easily been avoided. The post Harvard President Claudine Gay Resigns appeared first on Plagiarism Today.

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When Giants Wrestle, the Earth Moves (NYT v OpenAI/Microsoft)

Hugh Stephens Blog

Image:www.shutterstock.com There is no better way to start out the New Year, 2024, with a commentary on Artificial Intelligence (AI) and copyright. It was the big emerging issue in 2023 and is going to be even bigger in 2024.

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3 Count: Self Strike

Plagiarism Today

RCN faces another copyright lawsuit, New Japan Pro Wrestling files takedown against themselves and Steamboat Willie horror film announced. The post 3 Count: Self Strike appeared first on Plagiarism Today.

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Trademark Lawyers Have Trademarks Too

Erik K Pelton

Brand protection is our business—and that includes our own brand. Erik shares a recent trademark registration our firm received for one of our own logos in this podcast. The post Trademark Lawyers Have Trademarks Too appeared first on Erik M Pelton & Associates, PLLC. Brand protection is our business—and that includes our own brand. Erik shares a recent trademark registration our firm received for one of our own logos in this podcast.

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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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Resolving GenAI copyright infringement questions: 4 court decisions

Barry Sookman

Introduction The question as to whether the generative AI (GenAI) systems and their use infringes copyright is a hotly debated one, with no fewer than 12 proposed class actions and 3 lawsuits in the United States and one in the United Kingdom already focused on resolving this question. The question is a central one for the creative community as well as for the GenAI platforms and, as the recent suit involving the New York Times against Open AI and Microsoft shows, it is permeated with significan

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Apple Watch Imports (Possibly) Banned By The Itc: What Patent Owners Need To Know

JD Supra Law

Regular consumers now enjoy a front-row seat to the long-running intellectual property dispute between Apple, the tech giant based in Cupertino, California, and Masimo, a medical device company based in Irvine, California.

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Five New Year resolutions for trademark owners in 2024

JD Supra Law

Trying some healthy habits in 2024? Your trademarks want you to do the same! A trademark has value when it is distinct and enforceable. Even registered marks can lose value if proper “trademark hygiene” is not followed throughout the year. Now is the perfect time for a check-up on the status of your company’s brands.

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Copyright Office Issues FRN on Group Registration Option for News Sites

IP Watchdog

The U.S. Copyright Office issued a Notice of Proposed Rulemaking in the Federal Register today offering a new group registration option for frequently updated news websites. According to the Federal Register Notice (FRN), the option would allow online news sites to register “a group of updates to a news website as a collective work with a deposit composed of identifying material representing sufficient portions of the works, rather than the complete contents of the website.

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AI and Copyright Law in 2023: Federal Government Activities

Copyright Alliance

2023 was an extremely busy year for artificial intelligence (AI). That was especially true for copyright issues related to AI, which sparked several Congressional hearings, a study by the U.S. […] The post AI and Copyright Law in 2023: Federal Government Activities appeared first on Copyright Alliance.

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Ringgold and the FAIR Principles: How Ringgold Data and Metadata are Findable?

Velocity of Content

The FAIR Principles are vital to enabling the use of data, not just for people, but more importantly for machines. The FAIR principles are designed to address the necessary steps to make research data and the metadata attached to it FAIR (Findable, Accessible, Interoperable, and Reusable). FAIR enables the use of data and metadata for a wide range of use cases and without it, data is not consumable in a way that is needed to build upon research, to make it reproducible, or to provide it as a tru

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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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IP CloseUp will Exceed 400,000 Views in 2024; Last Year’s Top Posts Include S&P 500 Assets, Leading Black Inventors and Wiper Blade Invention Saga

IP Close Up

IP CloseUp, weekly perspective on intellectual property trends and business, broke through 392,000 views and 272,000 visits in 2023, on its way to 400,000 plus Continue reading

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Census Bureau Projects U.S. and World Populations on New Year’s Day

U.S. Department of Commerce

Census Bureau Projects U.S. and World Populations on New Year’s Day January 3, 2024 KCPullen@doc.gov Wed, 01/03/2024 - 10:26 Population statistics As the nation rang in the new year, the U.S. Census Bureau projected the U.S. population will be 335,893,238 at midnight EST, on Jan. 1, 2024. This represents an increase of 1,759,535 (0.53%) from Jan. 1, 2023, and 4,443,957 (1.34%) from Census Day (April 1) 2020.

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Top Legal Alerts From 2023

JD Supra Law

As we close out 2023, we would like to share with you some of our most popular legal alerts from this year. Our top alerts reflect the broad array of our capabilities – ranging in topics from construction, corporate & securities, labor & employment, immigration, litigation, retail, intellectual property, and white collar & regulatory enforcement.

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Safety Co. Reaches Settlement In Alarm Patent Suit In WDTX

IP Law 360

A safety equipment manufacturer has told a federal court in Waco, Texas, that it has settled a legal fight over patents covering notifications used in fire alarms, with a company that calls itself one of the world's largest manufacturers of fire safety products.

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[Audio] Noteworthy Points in the Rules for the Implementation of China's Patent Law 2023

JD Supra Law

Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many amendments in the new Rules, and we have summarized the need-to-know points for your reference. 1. Regarding the principle of good faith The Rules establishes the breach of the principle of good faith as a reason for rejection both in the preliminary and substantive examination.

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4 PR Pointers When Your Case Is In The News

IP Law 360

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

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Cloudflare 17 U.S.C. 512(h) DMCA subpoena explained

JD Supra Law

"We provide security and performance for millions of Internet properties and offer great functionality such as SSL and content distribution to every website on our network. Our services run silently in the background, keeping many of the websites and services you depend on up and running. Your Internet provider, and anyone else listening in on the Internet, can see every site you visit and every app you use — even if their content is encrypted.

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Sporting Goods Co. Can't Shake Football Helmet Patent Case

IP Law 360

An Illinois federal judge said Wednesday a jury should decide the issues in a lawsuit claiming a brand of helmets made by sporting goods manufacturer Certor Sports infringes a patent owned by another company, refusing to let Certor out of the suit.

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Noteworthy Points in the Rules for the Implementation of China’s Patent Law 2023

JD Supra Law

Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many amendments in the new Rules, and we have summarized the need-to-know points for your reference.

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Copyright Bill, 1955: the Best Copyright Law that India Never Had

SpicyIP

Discussing the Mahatma’s take on copyright and the interplay between the 1955 Copyright Bill and the Berne Convention, we are pleased to bring to you this post by Shivam Kaushik. The post is a part of our IP History series. Shivam is a 2020 law graduate from Benaras Hindu University and is a former law researcher at the Delhi High Court. His previous posts can be accessed here.

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PureCircle USA Inc. v. SweeGen, Inc. (Fed. Cir. 2024)

JD Supra Law

Not surprisingly, the Federal Circuit visited upon Plaintiff/Appellant PureCircle two of the Four Horsemen of the Biotech Patent Apocalypse* in a decision affirming the District Court's invalidation of the claims asserted against Defendant SweeGen in PureCircle USA Inc. v. SweeGen, Inc.

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Samsung's Claims Against Ex-Attys Merit Trial, Judge Says

IP Law 360

A Texas federal magistrate judge on Wednesday recommended resolving Samsung's claims of misconduct against two of its former in-house intellectual property attorneys through a bench trial, as the electronics giant is set to face patent infringement claims brought by the attorneys' new company at a jury trial later this month.

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The Intertwining Nature of Motivation to Combine and Reasonable Expectation of Success

JD Supra Law

In Elekta Limited v. Zap Surgical Systems, Inc., No. 21-1985 (Fed. Cir. Sept. 21, 2023), the case addresses the interplay between findings related to motivation to combine and reasonable expectation of success in determining obviousness under 35 U.S.C. § 103.

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Ipsilon USA, LLP is Seeking a Part-time Patent Attorney in Life Sciences Field

IP Watchdog

Ipsilon USA, LLP is seeking a part-time patent attorney in the life sciences field, preferably with a Ph.D. and over 5 years of prosecution experience. The successful candidate will be mostly managing and prosecuting before the USPTO US filings for an international pharma manufacturer. This position can be either in-person or remote.

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Patent Case Summaries | Week Ending December 29, 2023

JD Supra Law

K-fee System GmbH v. Nespresso USA, Inc., No. 2022-2042 (Fed. Cir. (C.D. Cal.) Dec. 26, 2023). Opinion by Taranto, joined by Clevenger and Stoll. K-fee owns multiple patents that describe and claim coffee-machine portion capsules. The capsules display information that, when read by a device associated with the coffee machine, can prevent the capsules from being used in incompatible machines.

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PAEP: Free Course on Patent Agent Exams

SpicyIP

The Patent Agent Examinations are due on January 07, 2024. And looking at some of the previous discussions on the blog (indicatively see here , and here ), this one surely seems like a tough nut to crack. In light of the approaching exams, we are pleased to bring to you news from one of our former bloggers Rajiv Kr. Choudhary about a wonderful new initiative he’s put together online, Prepare for the Patent Agent Examination (PAEP), a free for all website for the aid and assistance of the p

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Latest Federal Court Cases - January 2024

JD Supra Law

K-Fee System GmbH v. Nespresso USA, Inc., Appeal No. 2022-2042 (Fed. Cir. Dec. 26, 2023) In an appeal from a district court judgment of noninfringement, the Federal Circuit reversed the underlying claim construction ruling. The case concerned the import of statements made during the prosecution of a foreign counterpart application. Specifically, the issue was the meaning of the word “barcode.”.

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UK Supreme Court rules on AI and Patent Applications

IP Tech Blog

In a much anticipated judgment, the UK Supreme Court delivered on 20 December 2023 its ruling in the case of Thaler v Comptroller-General of Patents, Designs and Trade Marks ( Thaler (Appellant) v Comptroller-General of Patents, Designs and Trademarks (Respondent) – The Supreme Court ) on whether an artificial intelligence ( AI ) system can be named as the inventor for a UK patent application.

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Claim to High-Yield Enzymatic Production of Stevia Compound Held Invalid as Abstract Idea

JD Supra Law

Naturally occurring compounds generically referred to as steviols are used as sugar substitutes because they impart sweetness without contributing calories. These compounds exist in different forms, with some being sweeter than others. One particular form, referred to as both rebaudioside M and rebaudioside X, is said to be more potent and have a better flavor….

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Bronfman looks all over that barn, finds no horse

Likelihood of Confusion

MacUser reports: The boss of Warner Music has made a rare public confession that the music industry has to take some of the blame for the rise of p2p file. The post Bronfman looks all over that barn, finds no horse appeared first on LIKELIHOOD OF CONFUSION™.

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CAFC Distinguishes Forum Selection Clause Language from Precedential Cases in Win for Abbott

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential ruling that affirmed a district court’s denial of preliminary injunction to DexCom, Inc., holding that the language of the governing contract's forum selection clause expressly allowed for the filing of inter partes review (IPR) proceedings in certain circumstances.

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sending emails under former employees' names may be reverse passing off

43(B)log

LoanDepot.com, LLC v. CrossCountry Mortgage, LLC, 2023 WL 9022893, No. 22-cv-5971 (AS) (S.D.N.Y. Dec. 29, 2023) loanDepot alleged that CCM, its chief competitor, “improperly poached” 32 employees, and CCM and various former employees. CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing.

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Looking Ahead At AI Regulation In The EU And UK

IP Law 360

With AI regulation agreed upon in Europe and a U.K. regulatory authority on the horizon, organizations developing AI should consider deploying governance, addressing accountability and establishing internal guardrails to achieve a balanced approach to responsible innovation while managing risk, says Chris Eastham at Fieldfisher.

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Five Trademark Questions to Ask in the New Year

Trademark and Copyright Law Blog

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. It misses you! Here are a few productive questions to ask: Do your registrations cover your reality? You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO. Or perhaps your business has expanded or evolved, and the scope of your registrations ignores some now-crucial products or services.

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Judge Rips Fla. Agency As TM 'Bully' In Online School Row

IP Law 360

A Florida federal judge on Tuesday sided with online education company Stride Inc. in a trademark infringement dispute over its now-renamed "Florida Online School," slamming the Florida Department of Education sub-agency that sued for trying to use "weak trademarks to bully its competitors.