Tue.Aug 15, 2023

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AI and the Battle Over Prosecraft

Plagiarism Today

After being open for five years, the literature analytics service Prosecraft became the target for author backlash. Was AI truly to blame? The post AI and the Battle Over Prosecraft appeared first on Plagiarism Today.

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Beware of Trademark Publication Scam from NTPS

Erik K Pelton

Scam alert from NTPS! This looks essentially identical to past scams, but with a new “name” from NTPS or ntp-register.com and a new address at 306 Exchange Blvd, Ste 400-17, Bethlehem, GA 30620. The offer asks for $1,450. The address appears to be a UPS Store. These “publication” offerings are worthless. For more, see the Trademark Scam Decision Tree.

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3 Count: Non-Final Judgement

Plagiarism Today

Judgement entered in Internet Archive case, Netflix settles Stranger Things lawsuit and Sony settles its case with Triller. The post 3 Count: Non-Final Judgement appeared first on Plagiarism Today.

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This is the last SLANTS song I’ll ever sing for you

Likelihood of Confusion

For now. It was exciting last Friday, arguing the appeal of the THE SLANTS*, at the Court of Appeals for the Federal Circuit! A little too exciting, so much so. The post This is the last SLANTS song I’ll ever sing for you appeared first on LIKELIHOOD OF CONFUSION™.

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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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How China’s New Patent Laws are Working at the Two-Year Mark

IP Watchdog

In the high-stakes world of global competition, China is emerging as a key battleground, making the protection of intellectual property rights more crucial than ever. With its recent revisions to its patent enforcement and damages laws, China took a decisive step towards a more rigorous patent system that favors patentees, both domestic and foreign.

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The Managing Metadata Series: Stage 2 – Proposal Submission

Velocity of Content

Researchers, institutions, funders, and publishers face many metadata challenges across the research lifecycle. For example, it can be difficult for authors in the scholarly communications ecosystem to easily find collaborators, identify potential conflicts of interest, authenticate to content, and secure open access funding. To help address this issue, CCC and  Media Growth Strategies  collaborated to study metadata management.

More Trending

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Different Ways to Do Kaizen

Christopher Roser

Kaizen (改善), or continuous improvement, is a cornerstone of lean manufacturing. If you stop becoming better, you will fall behind. But not all improvement activities are equal. There are different ways to do kaizen projects suitable for different situations. Let me give you an overview: Just Do It Kaizen comes in different forms, mostly distinguished.

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Twitter/X Asks Court to Dismiss $250m+ Music Piracy Lawsuit

TorrentFreak

Under U.S. law, online service providers must respond to takedown notices and implement a meaningful policy to terminate the accounts of repeat infringers. Many of the large social media platforms stick to these rules, but according to a lawsuit filed by several prominent music companies earlier this year, X is not among them. ‘Breeding Mass Copyright Infringement’ In a complaint filed at a federal court in Nashville, Universal Music, Sony Music, EMI and others accused X Corp of R

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5th Circ. Judge Slams 'Inexplicable' Probe Of Judge Newman

IP Law 360

A Fifth Circuit judge Tuesday came to the defense of Federal Circuit Judge Pauline Newman, who is the subject of an investigation into whether she is mentally fit to remain on the bench, saying it is "inexplicable" why measures haven't been followed to "obviate unethical conflicts and provide objectivity.

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Court Orders SportsBay to Pay Almost Half a Billion Dollars For Violating DMCA

TorrentFreak

In July 2021, U.S. broadcaster DISH Network and subsidiary Sling TV filed a copyright lawsuit in a Texas district court against the unknown operators of four websites – SportsBay.org, SportsBay.tv, Live-NBA.stream, and Freefeds.com. The complaint alleged that the unknown defendants circumvented (and provided technologies and services that circumvented) security measures employed by Sling and thereby provided “DISH’s television programming” to users of their websites.

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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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Amazon, Microsoft Dodge Patent Claims, But Not Meta

IP Law 360

A Texas federal judge has agreed to throw out allegations that Amazon and Microsoft infringed a pair of patents related to image searches owned by a New York state-based company, but has refused to let Meta dodge similar claims.

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Get Out of Gator Land

LexBlog IP

I read Influence Is Your Superpower by Zoe Chance earlier this year. One of my big takeaways was a concept I had read about other places but I liked her description best. There are two processes for processing thoughts. System 1 is mostly monitors for threats and opportunities. It is mostly controlled by the amygdala, which means it is a lot of emotion and actions unconsciously and automatically.

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GM Foe Says It's Time For Some New Design Patent Rules

IP Law 360

An auto parts maker fighting with General Motors has laid out its case before the full Federal Circuit to discard rules the court adopted that set a high bar for invalidating design patents, in what is poised to become the appeals court's first en banc review of a patent case since 2018.

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It’s a girl group, but a BOYS WORLD: When does a performing artist’s name function as a trademark?

LexBlog IP

In a precedential decision, the Trademark Trial and Appeal Board (“Board”) reversed the decision of the Examining Attorney, concluding that BOYS WORLD for “audio recordings featuring music,” in International Class 9 functioned as a trademark. ZeroSix, LLC , 2023 U.S.P.Q.2D 705 (TTAB May 1, 2023). “Boys World” is the name of a musical “girl group” that “is sometimes referred to as ‘the Gen Z Spice Girls.'” The Examining Attorney re

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XFL, Photographer Reach Settlement Over Copyright Claims

IP Law 360

A professional photographer has reached a settlement with XFL Properties LLC after she filed a copyright infringement lawsuit in California federal court in May accusing the football organization of using her photos without permission.

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Regeneron Moves to Terminate Celltrion IPR on Aflibercept Patent After Regeneron Files Statutory Disclaimer

JD Supra Law

Last week, Regeneron filed a motion to terminate IPR2023-00620, an IPR filed by Celltrion on February 28, 2023, seeking cancellation of claims 1-4 of Regeneron’s U.S. Patent No. 10,406,226 which is generally directed to methods of manufacturing VEG-F antagonists, including aflibercept.

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Feds Say Fugitive E-Library Operators Can't Toss IP Case

IP Law 360

New York federal prosecutors asked a judge Monday not to dismiss charges against a pair of Russian nationals for allegedly running an unlicensed e-library, saying their refusal to appear in court bars the request.

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PREVAIL Act Reforms at the PTAB

JD Supra Law

The Act’s Objectives - USPTO data indicate that as many as 80% of instituted Patent Trial and Appeal Board (PTAB) proceedings that reach a final written decision (FWD) result in the invalidation of at least one challenged patent claim, with 65% of those proceedings resulting in the invalidation of all challenged patent claims.

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Fed. Circ. Won't Revive Universal Electronics' Patent Apps

IP Law 360

The Federal Circuit has shot down Universal Electronics' bid to revive its applications for patents on devices that control things like television sets, affirming Patent Trial and Appeal Board findings that the company's claims were too obvious.

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Canadian Intellectual Property Office (CIPO) Official Fees to Increase Substantially on January 1, 2024

JD Supra Law

CIPO has recently announced that most of its official fees will increase by at least 25% in 2024. These adjustments will affect all pending applications for patents, trademarks, industrial designs and copyrights, as well as fees for administrative proceedings and renewals. Owners of Canadian intellectual property may wish to consider attending to certain matters (such as new filings or renewals) before the end of the year to minimize the effect of this increase.

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Mobile Game Maker Skillz Claims Rival Hid Crucial IP Evidence

IP Law 360

A California federal judge on Tuesday ordered mobile game maker AviaGames Inc. to respond to rival Skillz's allegations that AviaGames' CEO and other defense witnesses lied under oath in their patent fight about critical evidence regarding AviaGames' alleged use of bots to purportedly "cheat the public," saying the allegations are "very serious.

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Laws & Regulations Governing Businesses in the Dubai International Financial Centre (DIFC)

LexBlog IP

Introduction: The Dubai International Financial Centre (DIFC) is a prestigious financial free zone in the United Arab Emirates (UAE), established to diversify Dubai’s economic resources and attract capital and investments to the region. Enacted under UAE Federal Decree No. 35 of 2004, the DIFC operates as an independent jurisdiction within the UAE, with its legal and regulatory framework for civil and commercial matters.

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Two Recent Federal Circuit Opinions Illustrate Risk of Product Demonstrations for Patent Validity

JD Supra Law

Section 102 of the Patent Act holds that an invention may not be patented if it was in public use before the effective filing date of the patented invention. The public use bar to patenting is triggered if the invention is both “in public use” and “ready for patenting.” US Court of Appeals for the Federal Circuit precedent holds that an invention is in public use if it is “accessible to the public or commercially exploited.

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PTAB Updates and Expands the Director Review Process and Offers Transparency in Ex parte Appeals

LexBlog IP

After the Supreme Court’s decision in United States v. Arthrex, Inc. , the Patent Office implemented an interim process for the Director to review Patent Trial and Appeal Board decisions in AIA trials. The Office sought public feedback on the process last year ( link ) and received more than 4,000 responses ( link )! The process has yet to be formalized via traditional notice and comment rulemaking, though someday, perhaps, it will.

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[Hybrid Event] Intellectual Property Law Institute 2023 - October 2nd - 3rd, New York, NY

JD Supra Law

Why You Should Attend - PLI’s Intellectual Property Law Institute is a “must-attend” program for IP lawyers. This program provides a complete analysis of key events in all areas of IP, providing updates on cases, legislation, and government agency developments that all IP lawyers need to know.

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A tale of three deer

The IPKat

Once upon a time, there were three deer. The first was a German deer, which called itself ‘Jägermeister’. Despite its enlightened appearance, it was a real party animal and looked as follows: The second was a smart-looking and ambitious Austrian deer: The third was a rather dark and angry-looking German deer: The Jägermeister deer has been around since 1935.

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[Hybrid Event] Intellectual Property Law Institute 2023 - November 2nd - 3rd, San Francisco, CA

JD Supra Law

Why You Should Attend - PLI’s Intellectual Property Law Institute is a “must-attend” program for IP lawyers. This program provides a complete analysis of key events in all areas of IP, providing updates on cases, legislation, and government agency developments that all IP lawyers need to know.

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New Amendment to FRCP Could Help Streamline Privilege Management in Patent Cases

Patently-O

by Dennis Crouch On August 15, 2023, the Judicial Conference Advisory Committee on Civil Rules published proposed amendments to Rules 16 and 26 of the Federal Rules of Civil Procedure. One of the goals of these amendments is to encourage parties to address issues relating to claims of privilege and work product protection early in litigation. This could be particularly impactful for patent cases, which frequently involve extensive disputes over these very issues.

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Mahindra’s Not-a-Jeep Finds Redemption in Redesign 

JD Supra Law

On remand from the Sixth Circuit, the Eastern District of Michigan (“District Court”) declined FCA US LLC’s (“Jeep”) motion to enjoin importation of rival automaker Mahindra’s post-2020 ROXOR utility terrain vehicle (“UTV”). The Sixth Circuit had reversed the District Court for failing to analyze the factors for applying the “safe distance rule.” On remand, the District Court held that even if the original infringement was willful, redesigning the product in good faith militates against.

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Air Quality Monitoring for a Healthier Environment for All

WIPO Magazine

Slovenia’s Aerosol Magee Scientific, a leading developer of air quality monitoring systems keeps an eye on air quality to help reduce pollution and negative health effects.

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Study Shows the Decline of Multiple Petitions for AIA Proceedings

JD Supra Law

In an effort to shed light on the practice of filing multiple petitions under the America Invents Act (AIA) at the Patent Trial and Appeal Board (PTAB), the United States Patent and Trademark Office (USPTO) recently released a detailed study. The study, spanning fiscal years 2015 through 2022, aims to analyze the frequency and effectiveness of multiple petitions filed by the same petitioner against the same patent.

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Air Quality Monitoring for a Healthier Environment for All

WIPO Magazine

Slovenia’s Aerosol Magee Scientific, a leading developer of air quality monitoring systems keeps an eye on air quality to help reduce pollution and negative health effects.

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Supreme Court Uses Enablement To Curb Broad Patents

JD Supra Law

On May 18, 2023, the Supreme Court held claims of two patents owned by Amgen, Inc. to be invalid for failing to enable persons skilled in the art to practice the invention as required by 35 U.S.C. §112. Amgen, Inc., et al. v. Sanofi, et al. U.S. , No. 21-757 (2023). Specifically, the Supreme Court held the genus claims to be invalid because the patents did not enable persons skilled in the art to practice all species falling within the genus.

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Is the Five-Year Decline in Patent Litigation Positive or Negative? It Depends who you Ask

IP Close Up

From 2013 to 2017 patent suits filed dropped by 35% and stayed that way through 2022.

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USPTO Updates to Interim Director Review of PTAB Decisions

JD Supra Law

On July 24, 2023, the United States Patent and Trademark Office (USPTO) announced updated procedures for the interim Director Review (DR) of Patent Trial and Appeal Board (PTAB) decisions. The updated procedures could help patent practitioners manage costs by providing a new mechanism for recourse following PTAB decisions.