Plagiarism Today
JUNE 1, 2023
There are countless tools to detect AI writing, however, all of them have a critical weakness. None give us the certainty to act. The post The Major Obstacle to Detecting AI Writing appeared first on Plagiarism Today.
Erik K Pelton
JUNE 1, 2023
Unfortunately, I received a new scam in the mail this week. A few weeks after filing a new trademark application, the letter pictured below arrived. The postage and envelope were from Germany! The scam is for a bogus publication that is worthless. And the cost for this “TM Service” from “EUUS TM Unique Service” is listed as 1460.00 US per year!
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Plagiarism Today
JUNE 1, 2023
Dutch court approves dynamic site blocking injunction, Street Fighter 6 will include Denuvo and agreement reached on music metadata in the UK. The post 3 Count: Dynamic Blocking appeared first on Plagiarism Today.
TorrentFreak
JUNE 1, 2023
Pirate sites come and go, often without being noticed by the public at large. That was certainly not the case when RARBG said its goodbyes yesterday. The popular torrent site had millions of daily users spread across several domain names. This included the flagship.to domain which currently displays a farewell message. After a brief intermezzo, many users simply began their search for alternatives, perhaps unaware that the effects of RARBG’s shutdown go beyond the site itself, leading to a
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?
Copyright Alliance
JUNE 1, 2023
In May, the U.S. Supreme Court finally issued its long-awaited decision in the Andy Warhol Foundation v. Goldsmith case, reining in the transformative use test under the first fair use […] The post May 2023 Roundup of Copyright News appeared first on Copyright Alliance.
TorrentFreak
JUNE 1, 2023
After well over a decade of pushing back against pirate site blocking applications, many European ISPs now see little value in putting up a fight. Earlier confirmation from Europe’s highest court, that site-blocking injunctions are legal when they proportionately protect third-party rights, is one of the key reasons for not contesting blocking applications today.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The Illusion of More
JUNE 1, 2023
Although the most straightforward cases of fair use thus involve a secondary work that comments on the original in some fashion, in Cariou v. Prince, we rejected the proposition that a secondary work must comment on the original in order to qualify as fair use. – 2nd Circuit Court of Appeals in Warhol v. […] The post Relitigating Cariou: Why Fine Art Will Still Be Fine After Warhol v.
IP Watchdog
JUNE 1, 2023
In my previous article, I made a modest proposal for improving one aspect of patent examination by requiring applicants to identify support in the specification for new and amended claims. That suggestion was premised on my firm conviction – based on 34 years at the United States Patent and Trademark Office (USPTO) in roles ranging from examiner to Commissioner for Patents – that we must improve the quality of examination if we want the United States to remain on a par with patent offices in oth
Cogency Global
JUNE 1, 2023
What this is: Businesses may be interested in conducting operations in US territories for several reasons, including access to the larger US market, favorable tax laws and incentives, a more stable political and economic environment, access to skilled labor and infrastructure and cultural proximity to the mainland US. What this means: However, don’t assume that you can just “jump in” and start doing business in US territories.
JD Supra Law
JUNE 1, 2023
The U.S. Copyright Office has published copyright registration guidance on works containing material generated by artificial intelligence technology. The statement of policy clarifies its practices for examining and registering works that contain AI contributions and describes how the Office applies copyright law’s human authorship requirement.
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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.
Velocity of Content
JUNE 1, 2023
This article originally appeared in The Scholarly Kitchen. Bear with me while I torture an analogy between an actual lake and the training corpus (“ data lake ”) of an artificial intelligence (AI) system. You are hiking on a hot day in an area neither remote nor urban. You come upon a lake that has a self-service canoe rental. You are hot, thirsty, and enjoy canoeing.
IP Law 360
JUNE 1, 2023
Mintz Levin Cohn Ferris Glovsky and Popeo PC is beefing up its intellectual property practice in its San Diego office, as it has nabbed an experienced patent litigator from Kirkland & Ellis LLP with a focus on technology and life sciences.
Likelihood of Confusion
JUNE 1, 2023
Another red hot AP story: The Circuit Court of Appeals for the D.C. Circuit has ruled that Time magazine’s Matthew Cooper and The New York Times’ Judith Miller have to. The post DC Circuit: Press Not Shielded appeared first on LIKELIHOOD OF CONFUSION™.
Indiana Intellectual Property Law
JUNE 1, 2023
The U.S. Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The court’s decision has significant implications for artists and content creators, as it raises questions about the transformative nature of derivative works.
The IP Law Blog
JUNE 1, 2023
In GoTV Streaming, LLC v. Netflix, Inc., 2-22-cv-07556 (CDCA May. 24, 2023) (Shashi H. Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide documents and further information as to the source of the litigation funding that GoTV received in conjunction with the patent litigation.
IP Law 360
JUNE 1, 2023
Britain's highest court will hear Apple's challenge to a ruling that patent manager Optis could secure an injunction against the tech giant unless it promised to accept global licensing terms for its patents deemed "essential" to the 3G and 4G telecommunications standard.
SpicyIP
JUNE 1, 2023
We’re pleased to inform you that Third World Network and the Working Group on Access to Medicines and Treatments would like to invite you to a webinar on “ Proposal to Amend the Indian Patents Act: Adverse Implications for Access to Medicines ” to raise awareness on the potential implications of the proposed amendments to the Patent Act.
Nelligan Law
JUNE 1, 2023
Reading Time: < 1 minutes June is National Indigenous History Month. It is time to honour the history, heritage and diversity of Indigenous peoples in Canada. Part of this history is understanding the rights of Indigenous people. It is critical that we understand, acknowledge and appreciate the unvarnished account of the relationship between Indigenous people and Canada.
IP Law 360
JUNE 1, 2023
A European app maker has urged a California federal judge to toss a right of publicity suit lodged against it by a television personality seen on shows like "Big Brother," arguing that the proposed class action over its face-swapping app is barred by federal copyright law and the U.S. Constitution.
The IPKat
JUNE 1, 2023
Descriptive trade marks are usually non-distinctive. Situations where a mark is found to be descriptive yet still distinctive are rare. The German Patent Court dealt with such a situation in three recent decisions concerning 3D trade marks for twisted string cheese (cases 30 W (pat) 1/21 , 30 W (pat) 2/21 , 30 W (pat) 38/20 ). Background Muratbey Gida Sanayi ve Ticaret AŞ (‘Muratbey’) owned the following German 3D trade marks for ‘cheese; processed cheese’: Normal 0 false 21 false false false DE
IP Law 360
JUNE 1, 2023
PersonalWeb returns to the Federal Circuit next week over decisions the licensing company has lost after bringing 86 patent suits against Amazon Web Services customers, this time contesting it owes $4.6 million in fees to Amazon's lawyers at Fenwick & West LLP. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
LexBlog IP
JUNE 1, 2023
Choice of words can have a significant impact on conveying meaning. Patent drafting is no different. For example, the smallest word such as “a” can significantly change the scope of a construed claim. Patent practitioners must continue to ask, what do I mean by “a.
IP Law 360
JUNE 1, 2023
Three recent U.S. Department of Justice actions may well lead to much greater scrutiny of companies in which insiders engage in a variety of corporate misconduct, including conducting or enabling cybercrimes, which will likely fall not just on government contractors, but across industries and geographies, say attorneys at Paul Weiss.
LexBlog IP
JUNE 1, 2023
Interesting Patents | Airbus – Unpacking the Fuselage-Integrated Tailplane 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
JUNE 1, 2023
A California judge said Thursday he'll grant Sorrento Therapeutics' request to scrap billionaire bioscientist and businessman Dr. Patrick Soon-Shiong's cross-claims over a $90 million transaction involving Sorrento's cancer drug, but allowed leave to amend, noting that since "half of this case went to arbitration," the judge didn't know if the claims were barred by collateral estoppel.
JD Supra Law
JUNE 1, 2023
Medtronic, Inc. et al. v. Teleflex Innovations S.A.R.L., Appeal Nos. 2021-2356, -2358, -2361, -2363, and -2365 (Fed. Cir. May 24, 2023) In this week’s Case of the Week, a split panel of the Federal Circuit considered issues pertaining to reduction to practice and inventor corroboration as pertained to various related pre-AIA patents owned by appellee Teleflex and directed to guide extension catheters for use in coronary arteries.
LexBlog IP
JUNE 1, 2023
On May 30, 2023, Jennifer Abruzzo, the general counsel for the National Labor Relations Board (NLRB), issued a memorandum declaring that non-compete agreements for non-supervisory employees violates the National Labor Relations Act. The memo explains that having a non-compete chills employees’ Section 7 rights when it comes to demanding better wages.
JD Supra Law
JUNE 1, 2023
On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF), in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. The opinion written by Justice Sotomayor, in which Justices Thomas, Alito, Gorsuch, Kavanaugh, Barrett and Jackson joined, held that the “purpose and character” of AWF’s commercial use of Warhol’s portraits of Prince shared the same.
LexBlog IP
JUNE 1, 2023
In GoTV Streaming, LLC v. Netflix, Inc., 2-22-cv-07556 (CDCA May. 24, 2023) (Shashi H. Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide documents and further information as to the source of the litigation funding that GoTV received in conjunction with the patent litigation.
JD Supra Law
JUNE 1, 2023
The US Court of Appeals for the Federal Circuit affirmed a district court’s denial of attorneys’ fees, explaining that when a district court denies summary judgment and allows a plaintiff’s case to proceed, the district court effectively determines that the position of the party opposing summary judgment is not objectively baseless. OneSubsea IP UK Limited v.
IP Intelligence
JUNE 1, 2023
Since the Supreme Court’s decisions in Mayo Collaborative Servs. v. Prometheus Lab’ys, Inc. , 566 U.S. 66 (2012), and Alice Corp. Pty. Ltd. v. CLS Bank Int’l , 573 U.S. 208 (2014), “diagnostic” patent claims have repeatedly been held to be directed to patent-ineligible subject matter by the U.S. Patent and Trademark Office (PTO) and courts. In a 2022 decision by the Federal Circuit, for example, the court affirmed a district court’s ruling that claims to noninvasive detection of graft rejection
JD Supra Law
JUNE 1, 2023
Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Taco Bell's attempt to cancel two TACO TUESDAY trademark registrations, and a precedential TTAB decision reaffirming the challenges of federally registering marks for drug paraphernalia. We also feature a Sterne Kessler client alert reviewing and analyzing the Supreme Court's decision in copyright case The Andy Warhol Foundation for the Visual Arts, Inc. v.
LexBlog IP
JUNE 1, 2023
You may have recently seen press reports about lawyers who filed and submitted papers to the federal district court for the Southern District of New York that included citations to cases and decisions that, as it turned out, were wholly made up; they did not exist. The lawyers in that case used the generative artificial intelligence (AI) program ChatGPT to perform their legal research for the court submission, but did not realize that ChatGPT had fabricated the citations and decisions.
JD Supra Law
JUNE 1, 2023
The Supreme Court of the United States has denied certiorari in the Teva v. GSK “skinny labeling” case, leaving intact the Federal Circuit’s August 2021 decision, which we summarized online here. In the article below, we recap the state of the labeling carve-out jurisprudence following the denial of certiorari. Notably, for innovators with Orange Book “method of use” patents, their right to claim induced infringement against generic drug sponsors and sponsors of 505(b)(2) products remains.
IP.com
JUNE 1, 2023
June is going to be a busy month at IP.com! We’ll be exhibiting at the IPWatchdog Patent Prosecution & Portfolio Management Masters event. If you plan to attend, stop by. The post IP.com to Exhibit at IPWatchdog Patent Prosecution & Portfolio Management Masters 2023 appeared first on IP.com - Innovation and IP Solutions.
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