Wed.Jun 05, 2024

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When the Police Cheat

Plagiarism Today

Some 1,200 officers who took the August 2022 NYPD sergeants exam are accused of cheating on the high-stakes test. The post When the Police Cheat appeared first on Plagiarism Today.

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Organizations Tell USPTO Proposed 2025 Fees ‘Misuse’ Office’s Fee Setting Authority

IP Watchdog

The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC), the Pharmaceutical Research and Manufacturers of America (PhRMA) and the Council for Innovation Promotion (C4IP) are among a number of organizations that have recently submitted comments on the U.S. Patent and Trademark Office’s (USPTO’s) proposed fee schedule for 2025 to express their concern about certain substantial fee increases.

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3 Count: Sony and AI

Plagiarism Today

Sony CEO announces more AI in films, Liverpool man sentenced for piracy and Kendrick Lamar diss tracks getting copyright claimed. The post 3 Count: Sony and AI appeared first on Plagiarism Today.

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‘Adam Ruins Everything’ Star Suggests BitTorrent as an Option to Watch the Series

TorrentFreak

In an ideal world, there should be no reason for people to pirate. However, that world doesn’t exist. On the contrary, in recent years, movie and TV-show piracy appears to have become more relevant. The fragmented libraries of video streaming services, paired with their costly monthly subscriptions, play a part in this resurgence. Many people have become accustomed to ‘pirating’ content on the side when the services they pay for don’t offer everything they want.

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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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The King is Back (in the Digital Era) | The ELVIS Act, Generative AI and Right of Publicity

JD Supra Law

On March 21, 2024, in a bold regulatory move, Tennessee Governor Bill Lee signed the Ensuring Likeness Voice and Image Security (“ELVIS”) Act (Tenn. Code Ann. §47-25-1101 et seq.) – a law which, as Gov. Lee stated, covers “new, personalized generative AI cloning models and services that enable human impersonation and allow users to make unauthorized fake works in the image and voice of others.

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Unveiling the Veil: Evolution of Censorship in Indian Cinema and the Quest for Artistic Freedom

IP and Legal Filings

INTRODUCTION The word ‘Censorship’ is derived from the Latin word ‘cernere’ which means “to estimate, rate, assess, to be of option” [1]. Nevertheless, this definition is inaccurate and lacks clarity regarding its fundamental value. The “assessment” is carried out following careful analysis of the rights and wrongs, do or do not, and the exclusion or restriction is carried out in light of these.

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TTAB Sustains Nike's Confusion and Dilution Claims Against "DON'T JUST DO IT, GET IT DONE" for Clothing

The TTABlog

Footwear behemoth Nike, Inc. ran roughshod over Applicant Barbara Lorenzo in her attempt to registered the mark DON’T JUST DO IT, GET IT DONE for various clothing items. The Board sustained Nike's likelihood of confusion and likelihood of dilution claims based on the famous JUST DO IT mark for overlapping clothing items. One may wonder how this application got past the examination stage.

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Navigating Medical Malpractice: The Case of Elena Ivanova

Nelligan Law

Reading Time: 2 minutes In a landmark decision, the British Columbia Court of Appeal dealt with the profound implications of medical misdiagnosis in the case of Wolber v. Ivanova, 2024 BCCA 203. This case centered around Elena Ivanova, who underwent an unnecessary mastectomy after being misdiagnosed with breast cancer. The appellate decision brings to light critical issues concerning causation, the standard of care in medical practice, and the assessment of damages.

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Costly GPU Chips and Model Training, IP Uncertainty, Foreshadow A.I. Development

IP Close Up

Over its remarkably short public life, about 18 months, generative AI or large language models (LLMs), have have grown from fatassy to a semblance of Continue reading

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Court Looks Closely, but Sees no Whistleblower Story to Support Fired Employee’s Download of Key Documents

JD Supra Law

More than 500 sequentially accessed files downloaded to a personal thumb drive, and a description in a verified complaint of the purported confidential information and trade secrets implicated, were the key components of the Business Court granting a preliminary injunction in a case involving a terminated employee who transitioned to a competing pharmaceutical company.

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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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Facebook Makes Some Progress Against a Scraper–Meta v. Voyager (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Companies looking to stop web scraping have suffered a losing streak in the Northern District of California recently. In February, Meta lost on Partial Summary Judgment against Bright Data on its breach of contract claim. Then Meta dismissed the suit , rather than appeal. In late March, X Corp. had its breach of contract and CFAA claims against the Center for Countering Digital Hate (“CCDH”) dismissed at the motion to dismiss stage.

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Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness as “Improperly Rigid”

JD Supra Law

Precedential and Key Federal Circuit Opinions - LKQ CORPORATION v. GM GLOBAL TECHNOLOGY OPERATIONS LLC [OPINION] (2021-2348, 5/21/24) Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark - Stoll, J. The Court vacated a final written decision of the Patent Trial and Appeal Board finding a design patent nonobvious and remanded.

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Texas Tamale Co. Wins Partial Injunction In Trademark Case

IP Law 360

A Texas federal magistrate judge has found that a Fort Worth tamale outfit called Texas Lone Star Tamales can't use certain phrases in its advertising but limited some language in a requested injunction.

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[Webinar] USPTO Examiner Interview Strategies: Preparing for and Conducting Interviews to Advance Patent Prosecution - June 27th, 1:00 pm - 2:30 pm EDT

JD Supra Law

This CLE course will guide patent counsel on leveraging interviews with the United States Patent and Trademark Office (USPTO) patent examiners to prosecute patents more efficiently. The panel will provide insight into conducting the interviews and offer strategies for interacting with patent examiners.

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Google Loses Another Patent Board Appeal In Sonos Feud

IP Law 360

Federal Circuit judges sided Wednesday with a patent board ruling that wiped out claims in yet another Google patent that was asserted in the tech company's infringement lawsuit against wireless speaker brand Sonos.

Patent 59
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[Video] Taylor's Version: El Derecho de Artistas en la Industria Musical

JD Supra Law

En este episodio de "A Lo Legal en Par Minutos", nuestra asociada Ana Sofía Cabrales se une al socio Edwin Cortés para explorar el intrigante tema de "Taylor's Version." La Sra. Cabrales, abogada de propiedad intelectual y derecho de mercados, desentraña la fascinante historia detrás de la capacidad de Taylor Swift para regrabar sus propias canciones.

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Brazilian Congress Debates Regulatory Data Protection for Pharmaceutical Products

IP Watchdog

In May 2024, the Brazilian Senate Committee on Science, Technology, Innovation, and Informatics hosted two public hearings to discuss implementing Regulatory Data Protection (RDP) for pharmaceutical products of human use. The call for hearings (REQ 27/2023) was presented by Senator Izalci Lucas (Liberal Party). While recognizing that regulatory changes would have significant implications for the local industry, the healthcare system, and consumers, Sen.

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Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness – USPTO Follows Quickly with Guidance

JD Supra Law

In a highly anticipated decision, the en banc Federal Circuit overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. The challenged framework, derived from two cases, In re Rosen, 673 F.2d 388 (CCPA 1982) and Durling v. Spectrum Furniture Co., 101 F.3d 100 (Fed. Cir 1996), required.

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Fed. Circ. Questions Willfulness Finding Over Meat Slicer Patent

IP Law 360

A Federal Circuit panel appeared wary Wednesday of Provisur Technologies Inc.'s argument that Weber Inc. knew it was infringing its patents for meat slicing and packaging machines, the basis for a $10.5 million judgment against Weber last year.

Patent 52
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No Offseason for the NCAA

JD Supra Law

As students depart their college campuses for summer break, the NCAA has no such reprieve on the horizon. Over the past few weeks, the NCAA has settled questions pertaining to backpay for Name, Image, and Likeness (NIL) use as well as transfer eligibility.

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Rimini's Oracle IP Defense Was Wrongly Barred, 9th Circ. Told

IP Law 360

Rimini Street and its owner urged the Ninth Circuit on Wednesday to vacate an injunction blocking it from copying Oracle's software in their 14-year battle over Rimini's software patches, arguing that the lower court erroneously tossed certain infringement defenses that "should have been in the case all along" and made other errors.

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Amgen Files BPCIA Complaint Against Celltrion Regarding Denosumab

JD Supra Law

On May 28, Amgen filed a BPCIA complaint in the District Court for the District of New Jersey against Celltrion related to its denosumab biosimilar of Amgen’s PROLIA and XGEVA. This is the second BPCIA litigation regarding denosumab, following Amgen’s earlier litigation against Sandoz. Amgen and Sandoz stipulated to dismiss the litigation and entered into a settlement agreement in April 2024.

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USPTO Fee Hike Finds Ally In Google, But Others Have Gripes

IP Law 360

The U.S. Patent and Trademark Office's plan to increase many patent-related fees beginning next year has received support from Google, but dozens of other comments came from patent litigators of all stripes who argue that the proposal is a bad idea.

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Director Vidal Reels In Discretionary Denials Under Section 314(a)

JD Supra Law

Under 35 U.S.C. § 314(a), the PTAB has discretion to deny institution of an inter partes review. In certain circumstances, the PTAB will discretionarily deny a petition because another petition challenging the same patent was filed previously. General Plastic Industries Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017).

Patent 61
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3rd Circ. Won't Put Trade Secrets Atty Fee Fight Before Jury

IP Law 360

The Third Circuit on Wednesday backed a jury verdict in favor of two former employees that a power trading company claimed took trade secrets to start a new firm, but rejected one defendant's bid to have a jury determine whether he gets attorney fees for what he called "bad-faith" litigation.

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What Can You Get When You Sue for Trade Secret Violations?

JD Supra Law

Arkansas has adopted the Model Uniform Trade Secrets Act with some modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq.

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Fed. Circ. Judges Skeptical Of Patentability Of Broadband IP

IP Law 360

A Federal Circuit panel seemed ready Wednesday to affirm a Texas federal judge's decision that a Broadband iTV Inc. streaming service interface patent is invalid as abstract, even if one judge eventually said the company was "making close to a persuasive case.

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[Video] Your AI Compliance Playbook: Case Studies in Business & Legal Risk Management

JD Supra Law

This webinar explores issues in Artificial Intelligence compliance. It delves into the differences between publicly-available and licensed AI Tools, provides insights into the top ten business and legal risks of using AI tools, and offers a playbook for implementing AI in your organization. Presenters include Whiteford Intellectual Property & Technology Partner Keith Moulsdale, WCA Technologies President Peter Fidler and Partnership to End Addiction CIO Timothy Su.

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10 Tips To Build Trust With Your Witness During Trial Prep

IP Law 360

Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.

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CCC Helps Establish Leiden Institute for FAIR and Equitable Science (LIFES) as a Founding Member

Velocity of Content

CCC has collaborated with key industry stakeholders to help launch the Leiden Institute for FAIR and Equitable Science (LIFES). In recognition of the challenges that exist with data reuse within the global research community, LIFES is a joint effort by an international public-private partnership of eleven academic and private organizations to build a wide and diverse network of public and private members that want to incorporate FAIR data principles (Findable, Accessible, Interoperable, Reus

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TTAB Rejects Gin Maker's Attempt To Narrow 'Iron Balls' Mark

IP Law 360

The Trademark Trial and Appeal Board has refused a gin maker's bid to force a Texas brewery to limit its use of the phrase "Iron Balls" to craft microbrews instead of just "beer," saying such a change wouldn't make confusion any less likely.

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What I’ve Learned in the Past 24 Years (As a Professional) - Slack in the Rope

Stock Legal Blog

We’ve all been there. it’s the start of a new big project. For us project management geeks, it’s exciting, like the first day of school! In the beginning, the project or transaction is well outlined with clear objectives, deadlines, and deliverables! The rope from beginning to end of project is so tight that you could walk on it. Heck, you could run on it!

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A Healthier Legal Industry Starts With Emotional Intelligence

IP Law 360

The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

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Bungie’s Vow to Relentlessly Pursue ‘Anonymous’ Cheaters Was No Bluff

TorrentFreak

When attempting to tackle large-scale infringers of any kind, there’s no single approach that can stop the most determined. Introducing new technical measures may have some effect, while a strategic lawsuit alongside measured, public messaging are usually more effective when combined rather than delivered in isolation. Yet there are other considerations too; warnings that are heard too often lose their impact, threats that in time become parodies of themselves are ultimately received as su

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K&L Gates Adds Ex-Norton Rose IP Team In Frankfurt

IP Law 360

K&L Gates LLP has bolstered its intellectual property practice in its 30-attorney Frankfurt office with the addition of a team from Norton Rose Fullbright LLP, including a partner who works closely with fashion and luxury product clients.