Wed.Mar 27, 2024

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3 Count: Why the Long Face?

Plagiarism Today

Fight over Nirvana's smiley face is back in court, Nigerian cell provider charged over ring back tones and Italy's Piracy Shield code leaked. The post 3 Count: Why the Long Face? appeared first on Plagiarism Today.

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25 Examples of Non Traditional Trademarks

Erik K Pelton

Celebrating our 25th year with the 25 series. Erik shares 25 examples of non traditional trademarks in this episode. The post 25 Examples of Non Traditional Trademarks appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. Erik shares 25 examples of non traditional trademarks in this episode.

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Why There is No One Standard of Plagiarism

Plagiarism Today

Citation standards vary wildly depending on the type of work. Here's why there is no singular standard for everything. The post Why There is No One Standard of Plagiarism appeared first on Plagiarism Today.

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Consumers Target Apple Following DOJ Antitrust Suit

IP Watchdog

A number of individual consumers have filed suit against Apple, Inc. in California and New Jersey courts, piggybacking on the U.S. Department of Justice’s (DOJ’s) March 21 complaint accusing Apple of “broad-based, exclusionary conduct” amounting to monopolization of the smartphone market. The DOJ’s sweeping complaint included a number of U.S. states as plaintiffs and charged Apple with “thwart[ing] innovation” and throttle[ing] competitive alternatives via its practices around the iPhone platfor

Marketing 105
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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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‘Operation 404’ Results in First Prison Sentence for Pirate IPTV Operator

TorrentFreak

In the fall of 2019 , Brazilian law enforcement agencies launched the first wave of anti-piracy campaign ‘Operation 404,’ referring to the well-known HTTP error code. With help from law enforcement in the United States, the United Kingdom, and Argentina, the authorities took down more than a hundred sites and services, while several suspects were arrested.

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Judge-Shopping Guidance Unlikely To Affect Patent Hot Spots

IP Law 360

Recent guidance by the policymaking body for U.S. courts aimed at deterring "judge shopping" likely won't disrupt patent cases in Texas, experts say, since the suggestions are not mandatory and can be viewed as already being in place in popular patent districts.

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Piracy Claims Against Bankrupt ISP Frontier Can Go Forward

IP Law 360

A New York bankruptcy judge Wednesday said a group of copyright holders can go to trial with claims internet service provider Frontier Communications is liable for failing to cut off customers who downloaded pirated music and movies.

Music 97
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Z-Library Scammers Use Email Campaigns to Lure Users and Extract Payments

TorrentFreak

Z-Library is one of the largest shadow libraries on the Internet, hosting millions of books and articles that can be downloaded for free. The site defied all odds over the past two years. It continued to operate despite a full-fledged criminal prosecution by the United States, which resulted in the arrest of two alleged operators in Argentina. According to the latest available information, these two defendants are still fighting their extradition.

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Fed. Circ. Caps $7M Verdict While Clarifying Foreign Damages

IP Law 360

The Federal Circuit on Wednesday rejected Trading Technologies' attempt to increase its $6.6 million patent infringement win against IBG LLC, in an opinion focusing on how to apply a 2018 U.S. Supreme Court ruling on foreign damages.

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Estimating County-Level Regional Price Parities from Public Data

U.S. Department of Commerce

Estimating County-Level Regional Price Parities from Public Data March 27, 2024 ASowah@doc.gov Wed, 03/27/2024 - 14:12 The idea that prices differ by place is a well-known economic concept. Most consumers could easily identify that a day in New York City would cost more than an identical day in rural Texas. To quantify these price differences, the Bureau of Economic Analysis (BEA) publishes regional price parities (RPPs).

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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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[Audio] AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.

JD Supra Law

In this episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s International Initiative, is joined by Lorna Conn, CEO of talent solutions organization Cpl, to discuss “Brand Ireland.” Mike and Lorna look at the ethos of the island of Ireland, the importance of education in the Irish economy, Ireland’s foreign direct investment into the U.S., and more.

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Victory for Virtek Patent as CAFC Schools PTAB on Proper Motivation to Combine Analysis

IP Watchdog

In a precedential decision authored by Chief Judge Moore, the U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday partially reversed a Patent Trial and Appeal Board (PTAB) ruling that certain claims of Virtek Vision International’s patent on a method for aligning a laser projector were unpatentable, finding the Board erred as a matter of law in its analysis.

Patent 72
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Update on biosimilars in Canada – March 2024

JD Supra Law

In this article, we provide a further update on developments regarding biosimilars in Canada (approvals, pending submissions, litigation, regulatory, and market access) since our March 2023 update.

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Within The Scope of This Concise Analysis, the Case of Bajaj Auto Ltd. v. T.V.S. Motor Company Ltd. Is Investigated

IP and Legal Filings

ABSTRACT The legal dispute between Bajaj and TVS Motors centers around the alleged unauthorized use of the DTSi patent. This case holds significant importance not only due to the financial implications for the involved parties but also due to its implications for the application of the doctrine of pith and marrow. The present paper examines this case study, encompassing its factual background, legal arguments presented, the court’s ruling, and subsequent analysis.

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Media & Entertainment: 10 Legal Developments Impacting Business and Legal Decisions

JD Supra Law

With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year. In 2024, media and entertainment businesses will focus on whether the longstanding tenet that content is king has been disrupted by the “fair use” affirmative defense being deployed in the courts by artificial intelligence (AI) technology companies operating platforms that generate creative works based on a user’s prompts, known as generative AI (GenAI).

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Kim Kardashian Accused Of Touting Fake Donald Judd Tables

IP Law 360

Kim Kardashian bought knockoff Donald Judd tables and chairs for her Skkn By Kim office space and then touted the furniture in a video to her 2 million YouTube subscribers as authentic pieces designed by the late artist, according to a lawsuit filed Wednesday in California federal court.

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Tennessee Governor Signs into Law First-of-its-Kind Bill Addressing AI Misappropriation of Voices, Images, and Songs

JD Supra Law

Beginning July 1, 2024, Tennessee musicians and artists will have an additional layer of protection for their voices and songs from generative AI cloning models and services that enable human impersonation and create unauthorized fake works in their images and voices.

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CAFC: Jury Instructions Must Address Each Objective Indicia of Nonobviousness Raised by Patent Owner

IP Watchdog

On March 27, the U.S. Court of Appeals for the Federal Circuit issued a precedential ruling in Inline Plastics Corp. v. Lacerta Group, LLC, on appeal from the District of Massachusetts. Judge Richard Taranto authored the opinion and held that an improper jury instruction given at trial by the district court required vacatur of the court’s final judgment that Inline’s patent claims were invalid for obviousness.

Patent 64
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PMPRB releases 2022 Annual Report and March 2024 NEWSletter

JD Supra Law

On February 16, 2024, the Minister of Health tabled the 2022 Annual Report of the Patented Medicine Prices Review Board (PMPRB). The 2022 Annual Report provides an overview of the PMPRB’s mandate, structure and price review activities.

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Westward Look: Navigating the Divide between the Roles of Scientific Advisers and Expert Evidence in IP Litigation

SpicyIP

Image from here Rewind to 1492 for a moment – yes, really! Back then, understanding a Latin word ‘licet’ required the wise advice of an expert (see the paywalled reference here ). Thus, the tradition of seeking expert counsel was born! We’re here to explore the juxtaposition of legal eagles and scientific advisers and the experts, waltzing through legal labyrinths faster than you can say ‘ Sectumsempra ‘!

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Stay Aware: Copyright Guidelines for Theatre Recordings

JD Supra Law

In today's digital age, where smartphones and cameras are common, capturing moments through videos or photos has become second nature. However, it's important to be aware of copyright laws, especially when recording inside theatres during live performances. Federal Decree-Law No. 38/2021 on Copyrights and Neighbouring Rights provides clear guidelines on copyright infringement, emphasizing the importance of respecting intellectual property rights.

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Netflix Owes Fees For Defense Tactics In Patent Trial

IP Law 360

Netflix has been ordered to pay attorney fees to GoTV Streaming LLC after making a last-minute switch of its defense at a patent trial last year in California federal court that resulted in a $2.5 million verdict against the streaming giant.

Patent 59
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What Can a Court Do When Someone Violates the Secrecy of Trade Secrets?

JD Supra Law

When someone violates the secrecy of a company’s trade secrets, what can the company do about it? Writing a sternly worded cease and desist letter is often a good first step that we recommend to clients, however it must be done in a way that properly sets the table for court intervention, while not broadcasting too much about litigation strategy. But when it comes time to actually take the violator to court, Arkansas law provides some guidance about what a court may do to intervene.

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Candy Co. Can Use Recipe Amid 'Chocolate Moonshine' Fight

IP Law 360

A Pennsylvania federal judge has refused to ban the candy maker Local Yokels Fudge from making or selling fudge, ruling the owner's ex-husband hadn't shown the company is still using his family's secret "Chocolate Moonshine" fudge recipe.

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Puma and the Pitfalls of the “Narrow” Exclusive License

JD Supra Law

8 Puma Biotechnology is the latest victim of standing requirements in patent cases that continue to wreak havoc on plaintiffs’ ability to recover a full measure of damages. In Puma Biotechnology, Inc. v. AstraZeneca Pharmaceuticals LP, 21-cv-01338-MFK, 2024 WL 1157120 (D. Del. Mar. 18, 2024), the court granted AstraZeneca’s motion to dismiss Puma for lack of constitutional standing under Article III.

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A Defense Strategy For Addressing Copyright Fee-Shifting

IP Law 360

Permissive fee-shifting under Section 505 of the Copyright Act poses unique challenges for copyright defendants, carrying an outsize impact on the economic incentive structure in copyright litigation, but relying on a Federal Rule of Civil Procedure may offer a potential solution by allowing defendants to recover attorney fees, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.

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Asia IP & TMT: Quarterly Review - First Quarter 2024

JD Supra Law

The rapid development of artificial intelligence (“AI”), together with the increased number of commercial use cases made possible by generative AI (“Gen AI”), have brought about a wave of new opportunities for businesses as well as new legal challenges, particularly as governments have struggled to apply pre-existing legal frameworks to these new technological developments.

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Wednesday Whimsies

The IPKat

EasterKat With spring now clearly with us in the Northern Hemisphere and Easter just around the corner for those who celebrate, here’s the usual miscellany of IP news, opportunities, events, and so on. Here we go! Events and conferences 7 May 2024: The Professor Bill Cornish Memorial Lecture 2024 This year’s Bill Cornish Memorial Lecture is titled “Intellectual Property norms in the Polycrisis – (Still) Omnipresent, Distracting, Irrelevant?

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D.C. Circuit to Opine on Whether AI May Be Author of Copyrightable Work in Thaler v. Perlmutter

JD Supra Law

The D.C. Circuit is set to decide whether a work generated “autonomously” by an artificial intelligence (“AI”) computer system was properly denied copyright registration by the United States Copyright Office. The work at issue, titled “A Recent Entrance to Paradise,” was produced by an AI system called “Creativity Machine.”.

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Citing Warhol, 10th Circ. Undoes Netflix's 'Tiger King' Win

IP Law 360

The Tenth Circuit on Wednesday relied on last year's landmark U.S. Supreme Court ruling in the Warhol case to set aside a fair use win for Netflix Inc. in a copyright suit brought by a former zoo employee who livestreamed the funeral of the husband of "Tiger King" star Joe Exotic.

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Breaking Down the USPTO’s Not-So-Obvious Obviousness Guidelines

JD Supra Law

The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc., 550 US 398 (2007). The new guidance emphasizes the importance of adopting a flexible approach and providing a reasoned explanation when reaching a conclusion regarding the obviousness of a claimed invention.

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ITC Judge Recommends Exclusion Order In Tourniquet IP Row

IP Law 360

A U.S. International Trade Commission administrative judge has recommended the commission order that imports of products related to blood flow restriction be banned, handing a win to a pair of American medical product manufacturers.

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Generic Submissions Under Review List Will Identify Generic Filers

JD Supra Law

On February 23, 2024, Health Canada announced that it will expand the information available on the Generic Submissions Under Review (GSUR) list to include the following.

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TikTok Star Ordered To Pay $805K To Sony For Sampling Song

IP Law 360

A Texas federal judge on Wednesday ordered TikTok musician Trefuego to pay Sony Music Entertainment Inc. more than $805,000 for illegally sampling its licensed song "Reflections," but he denied Sony's bid for an injunction.

Music 52
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All clear? The importance of trademark clearance searching in Canada

JD Supra Law

Trademarks allow consumers to distinguish between products and services of one business and those of another, making them a most valuable business asset. However, that asset’s value is closely tied to the extent to which an owner can claim exclusivity over a trademark through registration.