Plagiarism Today
JULY 27, 2023
The rush is on to reliably detect AI writing. However, the goal is getting further away and may never be reached at all. The post The Current State of Detecting AI Writing appeared first on Plagiarism Today.
JD Supra Law
JULY 27, 2023
The Patented Medicine Prices Review Board (PMPRB) recently published its Meds Pipeline Monitor 2022 report, which highlights medicines in the pipeline that may impact future clinical practice and drug spending in Canada if approved for sale.
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Plagiarism Today
JULY 27, 2023
YouTube ripper appeals default judgment, India clarifies copyright on playing music at weddings and Meta releases anti-piracy tools for VR. The post 3 Count: Wedding Song appeared first on Plagiarism Today.
Copyright Alliance
JULY 27, 2023
On July 12, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing to discuss some of the issues and possible solutions relating to copyright and generative artificial intelligence […] The post Separating Fact from Fiction in the Senate IP Subcommittee’s AI Hearing appeared first on Copyright Alliance.
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?
IP Watchdog
JULY 27, 2023
On July 25, the U.S. Court of Federal Claims (CFC) issued a ruling in Pulnikova v. U.S. dismissing monetary damages claims for alleged violations of 42 U.S.C. § 1983 by patent examiners and officials at the U.S. Patent and Trademark Office (USPTO). Although the CFC expressed its sympathy for the inventor’s frustrations, including the pro se filing of “appeal-books” containing thousands of pages responding to office actions, the court added that it lacked subject matter jurisdiction to award the
Likelihood of Confusion
JULY 27, 2023
The approved and publishable amicus briefs in the appeal regarding the trademark registration of THE SLANTS are trickling in. Certainly interesting to see who is saying what. So far, they. The post Friends of the court, friends of the First Amendment appeared first on LIKELIHOOD OF CONFUSION™.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JULY 27, 2023
Sky has fought piracy mechanisms of all kinds over the years. From set-top box modifications to viewing card tampering, blocking, even full PC-based emulation, the pay TV company has seen it all. Exploits that are relatively easy to pull off and work at scale are considered serious threats. Last month we reported on the sale of Sky encryption keys on platforms including Telegram.
Michael Geist
JULY 27, 2023
It should not come as a surprise, but those hoping that the government’s much-anticipated cabinet overhaul might signal a potential course-correction on its digital policy mess will be sorely disappointed. If anything, yesterday’s changes at Canadian Heritage and Justice suggest an acceleration of plans that will include continuing to head toward the Bill C-18 cliff of blocked news links as well as introducing controversial online harms legislation and perhaps even copyright reform.
IP Law 360
JULY 27, 2023
A magistrate judge is recommending the Delaware federal court grant FinancialApps a win against Envestnet Inc. over accusations that a Kasowitz Benson Torres LLP partner representing the fintech software company in trade secrets litigation made defamatory statements that damaged Envestnet.
Art Law Journal
JULY 27, 2023
Discover the potential of statutory damages in copyright infringement cases and why understanding this aspect of intellectual property law is crucial for artists.
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.
IP Law 360
JULY 27, 2023
The company behind popular children's YouTube channel CoComelon scored a $23.4 million verdict from a California federal jury Thursday against a Chinese rival accused of "blatantly copying" hundreds of its videos, according to the winning lawyers.
Cogency Global
JULY 27, 2023
In accordance with its annual tradition of updating its business entity laws, the Delaware legislature passed Senate Bill 114, with Senate Amendment 1. On July 17, 2023, Governor Carney signed the bill. It generally takes effect on August 1, 2023. Let’s examine some of the key changes to the Delaware General Corporation Law (DGCL) the bill makes. (Note: Citations refer to Title 8, Sections 101-398 of the DGCL, unless otherwise indicated.
IP Law 360
JULY 27, 2023
A California federal judge has agreed to let Pandora out of a copyright suit lodged against it by 1960s rock group The Turtles over royalty payments for pre-1972 records, finding that the music duo's infringement claim sunk due to the "absence of a public performance right.
WIPO Magazine
JULY 27, 2023
As consumer awareness around sustainability grows, upcycling, thanks to its environmental benefits, is becoming one of the most popular new ways to “consume” fashion. But is it risk-free from a legal standpoint? Leading academic Irene Calboli takes a closer look at the IP issues that can arise.
IP Law 360
JULY 27, 2023
A California art collector says a federal court got it right the first time when it dismissed him from a dispute over ownership of the movie poster artwork for "Blade Runner," arguing in briefs Wednesday that the court correctly found he had insufficient contact with Pennsylvania for its courts to have jurisdiction over him.
LexBlog IP
JULY 27, 2023
On June 15, 2023, the USPTO issued a Final Rule on the Standardization of the Patent Term Adjustment Statement Regarding Information Disclosure Statements. [1] The new rule went into effect July 17, 2023 and requires that a patent term adjustment statement regarding information disclosure statements must be submitted on Office Form PTO/SB/133 using the appropriate document code (PTA.IDS).
IP Law 360
JULY 27, 2023
Venable LLP is expanding its intellectual property team, announcing Wednesday it is bringing in a Davis Polk & Wardwell LLP IT litigator as a partner in its San Francisco office.
LexBlog IP
JULY 27, 2023
On July 20, 2023, Sandoz announced that it plans to invest approximately $90 million to build a Biosimilar Technical Development Center in Ljubljana, Slovenia by 2026. The facility will be used to manufacture both drug substances and drug products and will create approximately 200 full-time jobs in the region. The announcement complements Sandoz’s small molecule development capabilities in Ljubljana, as well as its previously announced investment of at least $400 million in Lendava, Sloven
Dear Rich IP Blog
JULY 27, 2023
Frida Kahlo age 12 (1919) Dear Rich: I'm filming a romantic comedy in San Miguel de Allende, Mexico, and refer to the artist Frida Kahlo in two scenes and show a photo of one of her paintings (self-portrait) hanging on the wall. Do I need permission to use her name and photo of her self-portrait? You don't need permission to refer to Frida Kahlo in your film's dialogue.
IP Watchdog
JULY 27, 2023
One of the many amici who have filed briefs in a Supreme Court case asking the Court to overrule its precedent in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. told the justices last week that the United States Patent and Trademark Office (USPTO) is abusing the so-called Chevron doctrine “to bypass the procedures that ensure that the agency considers the public interest.
JD Supra Law
JULY 27, 2023
To paraphrase what Ben Franklin may have been alluding to nearly 300 years ago in his famous quote, often the best approach when it comes to reducing the risk of litigation and government enforcement proceedings is to take proactive steps to prevent them before they even happen.
LexBlog IP
JULY 27, 2023
Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs? The answer is YES! if a petition is granted explaining why the color drawings or photographs are necessary for illustrating the claimed invention.
JD Supra Law
JULY 27, 2023
On July 17, 2023, the Ninth Circuit affirmed the applicability of the "Server Test" to embedded content on third-party sites and affirmed dismissal of a copyright action in favor of defendant, social media platform Instagram.
LexBlog IP
JULY 27, 2023
In a 3-2 vote, the Securities and Exchange Commission (SEC) adopted new cybersecurity rules yesterday (July 26, 2023) applicable to public companies. The rules, which will become effective thirty days after publication in the Federal Register, require public companies to “disclose material cybersecurity incidents they experience and to disclose on an annual basis material information regarding their cybersecurity risk management, strategy, and governance.” The new rules require compa
JD Supra Law
JULY 27, 2023
With the advent of readily accessible artificial intelligence (AI) and the breakthrough of generative AI (GAI) programs such as ChatGPT, Stable Diffusion and Midjourney, GAI is now a staple in all facets of business. GAI programs can generate new texts, images, and content (outputs) based on textual prompts by a user (inputs). Whether prompted to write a corporate slogan, create music, generate works of art and advertisements, or summarize a book – GAI can do it all.
Kluwer Copyright Blog
JULY 27, 2023
June this year saw Montreux hosting an international congress, bringing together 50 experts from various disciplines, discussing the future of culture in the digital age. The congress was also streamed online and the recorded videos of the three plenary sessions are available to view here. According to the University of Geneva’s website , one objective of the congress was to “ explore the consequences of digital technologies on culture, in particular on the creative industries ”.
JD Supra Law
JULY 27, 2023
Motions to amend (MTA) are becoming a more frequently used tool for patent owners litigating before the Patent Trial and Appeal Board (PTAB). When a patent is being challenged in an inter partes review (IPR) or post-grant reviews (PGR) before the PTAB, the patent owner has the option of filing a motion to amend the patent’s claims. Such MTAs, however, were rarely granted in the beginning years of the American Invents Acts.
Cogency Global
JULY 27, 2023
In accordance with its annual tradition of updating its business entity laws, the Delaware legislature has passed Senate Bills 113, 112 and 115. On July 17, 2023, Governor Carney signed the bills. They generally take effect on August 1, 2023. Let’s examine some of the key changes to the partnership and LLC laws that these bills make.
JD Supra Law
JULY 27, 2023
In Spireon, Inc. v. Flex Ltd., No. 2022-1578 (Fed. Cir. June 26, 2023), the Federal Circuit took a surprising turn in which it held that it is the trademark owner’s burden to prove that identical third-party marks put forth by defendants are not in use, overturning years of precedent. Before this decision, it was the defendant’s burden to not only put forth evidence of third-party marks, but also prove the extent of the use in the market; otherwise, the marks would be given little weight.
IP Law 360
JULY 27, 2023
An economic analyst from Mexico on Thursday failed to convince a panel of 11th Circuit judges that he should not have to pay his former employers at a mining consulting firm $1.2 million after a federal jury in Florida agreed with allegations that he stole "hundreds of pages" detailing secret mining practices that he later allegedly used to swipe one of their projects away.
JD Supra Law
JULY 27, 2023
The Bottom Line - The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody. - While the decision leaves intact existing legal protections for the use of trademarks and trade dress in expressive works, it limits its applicability when the mark functions as a source identifier. - Future cases addressing a parody or humorous use of.
IP Law 360
JULY 27, 2023
Sens. Tammy Baldwin, D-Wis., and John Cornyn, R-Texas, introduced a bipartisan bill Thursday aiming to curb intellectual property threats and misuse against American businesses and entrepreneurs from foreign actors that lawmakers say have cost the U.S. economy between $225 billion and $600 billion annually.
JD Supra Law
JULY 27, 2023
The US Senate Judiciary Committee’s Subcommittee on Intellectual Property recently held its second hearing in two months on issues at the intersection of artificial intelligence (AI) and intellectual property (IP) rights. The most recent hearing focused on copyright law implications of generative AI (GAI) tools like Midjourney and ChatGPT.
CoCal IP Law Institute
JULY 27, 2023
For many years, the USPTO's Patent Trial and Appeals Board has been viewed as a Star Chamber which ritually invalidates patents. More recent experience suggests that the PTAB is no longer necessarily a place where patents go to die. Two cases from this summer are the topic of this post. In both cases, the PTAB [.
JD Supra Law
JULY 27, 2023
On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. (2023), the U.S. Supreme Court held that the Lanham Act could not extend to trademark infringement that occurred almost entirely outside the United States. While it is not surprising that the Court adhered to the longstanding presumption against extraterritorial application of U.S. law, the rationale underlying its decision may complicate future U.S. trademark actions to stop foreign-sourced counterfeits.
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