Mon.Dec 04, 2023

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Beyond Plagiarism: 5 Other Authorship Issues in Research

Plagiarism Today

When it comes to authorship issues in research, plagiarism is far from the only one. Here are five other authorship issues to be aware of. The post Beyond Plagiarism: 5 Other Authorship Issues in Research appeared first on Plagiarism Today.

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Google, News and Canada: When is Half a Glass Better Than a Broken Glass?

Hugh Stephens Blog

[link] The news that Google and the Government of Canada managed to strike a deal prior to the coming into force later this month of Bill C-18, the Online News Act, was not really a surprise, at least not to me. Both sides had every incentive to find enough common ground to reach an agreement. … Continue reading "Google, News and Canada: When is Half a Glass Better Than a Broken Glass?

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3 Count: Instability AI

Plagiarism Today

Artists refile case against Stability AI and others, Türkiye Parliament calls for Google to pay news organizations and much more! The post 3 Count: Instability AI appeared first on Plagiarism Today.

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The Vespa appearance: Italian Supreme Court considers that its artistic value may preclude trade mark protection (due to substantial value absolute ground)

The IPKat

A Vespa LX Last week was an eventful one for Piaggio, the Tuscan ( ) company that has developed and owns the iconic (yes, you can say that: read on) Vespa. First, on 28 November, the Italian Supreme Court issued what appears to be a key – yet questionable – judgment ( decision 33100/2023 ), tackling the interplay between different IP rights and addressing among other things whether and to what extent an object protected by copyright (as Vespa is, under Italian law) can be precluded trade mark re

Designs 134
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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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Public Domain Day 2024 is Coming: Here’s What to Know

Copyright Lately

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. Here’s what it all means. Yes, yes, Steamboat Willie will enter the U.S. public domain on January 1, 2024—and that’s a shame. Before you accuse me of being some sort of Disney shill, I’m not advocating for longer copyright terms.

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Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States

JD Supra Law

In a decision issued November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship requirement under U.S. copyright law and may have far-reaching implications.

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Record Labels Urge Court to Uphold $47 Million Piracy Liability Verdict

TorrentFreak

Late 2022, several of the world’s largest music companies including Warner Bros. and Sony Music prevailed in their lawsuit against Internet provider Grande Communications. The record labels accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers.

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What the Shell?  LLCs Improperly Used in Attempt to Hide Patent Monetization Firms and Shield Them from Liability 

JD Supra Law

Nimitz Techs. LLC v. CNET Media, Inc., No. CV 21-1247, 2023 WL 8187441 (D. Del. Nov. 27, 2023) - On November 27, 2023, U.S. District Judge Connolly ruled that patent monetization firm and de facto patent owner, IP Edge, and its affiliated business Mavexar, engaged in a fraudulent strategy of (1) conveying various computer and cellphone patents, and de minimis rights therein, to third-party shell LLCs, and then (2) having attorneys (allegedly) representing those LLCs—but who actually answered to.

Patent 74
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Man Who Says He Invented Post-It Notes Files $1.7B Suit

IP Law 360

An inventor has filed a lawsuit in New York federal court alleging that 3M has made disparaging comments about him regarding the inventorship of the Post-it note, saying he's owed $1.7 billion.

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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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Trademark protection in Canada: Pursuing Canadian designations under the Madrid Protocol

JD Supra Law

Canada has emerged as a popular jurisdiction for trademark designations under the Madrid Protocol, a global system facilitating streamlined protection of marks across multiple countries. According to WIPO’s Madrid Yearly Review 2023, Canada was the fourth most popular recipient of designations in Madrid Applications, after the United Kingdom, European Union, and the United States.

Designs 72
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TEAM USA vs EUIPO – And the winner is…

The IPKat

The decision practice of the EUIPO is not always consistent. This is particularly true for weakly distinctive or even non-distinctive elements such as the word ‘team’. The applications for ‘TEAM SCOTLAND’ (EUTM no. 15143027 ), ‘TEAM SERBIA’ (EUTM no. 17152851 ) and ‘TEAM UK’ (IR designating the EU no. 1447362 ) have been refused. Likewise, the EUIPO refused registration of the mark ‘TEAM USA’ for typical merchandise products.

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Patent Poetry: Federal Circuit Finds Semiconductor Claims Unpatentable

JD Supra Law

The Federal Circuit has affirmed a decision of the Patent Trial and Appeal Board (PTAB or Board) finding unpatentable certain claims of a patent for making semiconductor devices. The case is Bell Semiconductor LLC v. Advanced Semiconductor Eng’g, Inc.

Patent 72
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BREAKING: Fed. Circ. Vacates VLSI's $2.2B Win Over Intel

IP Law 360

The Federal Circuit on Monday vacated a $2.18 billion infringement verdict against Intel Corp., saying the tech giant was wrongly barred from raising a defense that it had newly acquired a license to the computer chip patents owned by VLSI Technology LLC.

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Employment Litigation Roundup: November 2023

JD Supra Law

Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants, including a non-compete and a non-solicit. A core factual allegation was that the ex-employee attended a charity golf outing, on behalf of his new employer, hosted by a client that the plaintiff and the new employer shared.

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What happens to my stock options if I lose my job?

Nelligan Law

Reading Time: 2 minutes The quick answer: it depends on what your contract or stock option plan states during the reasonable notice period (after termination). What are stock options? Stock options are a form of equity compensation given to employees who purchase stock in the employer’s corporation at a particular price set some time in the future. Stock options are generally a right to be vested to the employee, rather than an employer obligation.

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New BPCIA Case Filed: Genentech and Biogen Want to Stop Dr. Reddy’s Rituximab Biosimilar from Entering the U.S. Market

JD Supra Law

On November 17, 2023, Genentech, Hoffman-La Roche, and Biogen (collectively “plaintiffs”) filed a complaint in the federal district court for the District of New Jersey against Dr. Reddy’s Laboratories and Fresenius Kabi (collectively “defendants”) (DNJ No. 23-cv-22485). The plaintiffs allege that the defendants infringe or intend to infringe fifteen patents related to the biologic rituximab, which the plaintiffs sell as Rituxan.

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The Threat You’ve Never Heard of: The Modern-Day Counterfeiter 

Corsearch

The integration of digital solutions and technology in our everyday lives has enabled e-commerce to flourish and be a first point of call when shopping. However, as consumers head online, so do bad actors and criminals. Illegal markets continue to grow and are becoming smarter and more sophisticated, with criminal networks developing organized models to create and sell counterfeit goods.

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USPTO Announces Fast Track ?Semiconductor Technology Pilot Program

JD Supra Law

On November 30, 2023, the United States Patent and Trademark Office (USPTO) announced a new pilot program for applicants to freely expedite examinations of applications directed to semiconductor manufacturing, including innovations that increase semiconductor device production, reduce semiconductor manufacturing costs, and strengthen the semiconductor supply chain in support of the CHIPS Act of 2022.

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UDRP: WIPO’s Role In Navigating Domain Name Disputes

Intepat

Introduction In the ever-shifting landscape of the digital era, the surge in domain name registrations has given rise to a critical challenge— domain name disputes, particularly those entangled with cyber squatting and trademark infringements. At the forefront of addressing these challenges is the World Intellectual Property Organization ( WIPO ), offering a mechanism known as the Uniform Domain Name Dispute Resolution Policy (UDRP).

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Recent Developments in Medical Casts

JD Supra Law

On October 5, 2023, the World Intellectual Property Organization published Cast21’s PCT application related to its alternative cast device – a 3D-printed exoskeleton created from a medical-grade resin. Cast21’s device seeks to address limitations in one of orthopedic care’s fundamental treatment methods: the cast. A soggy cast can lead to infections, reduced support, skin infections, and more.

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Madrid System and Provisional Refusals: Navigating International Trademark Registrations

Intepat

Introduction: The Madrid System’s Global Impact The Madrid System , since its inception, has adapted to the ever-evolving needs of global businesses. With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide.

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ITC Monthly Wrap-Up: November 2023

JD Supra Law

This month’s International Trade Commission wrap-up focuses on the circumstances in which a complainant can amend its complaint. In particular, on November 2, 2023, Administrative Law Judge Moore denied a complainant’s motion seeking leave to amend its complaint to add false advertising claims in the 1313 investigation.

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PacBio Sees Most Of Its In-House Legal Dept. DQ'd In IP Row

IP Law 360

A California federal judge on Monday disqualified all but one of Pacific Biosciences' in-house attorneys and legal support staff from working on a patent infringement case against the biotechnology company, adopting PacBio's proposed measures after the judge disqualified a former Perkins Coie LLP attorney last month.

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CAFC Partially Affirms for VLSI on Infringement But Vacates and Remands for New Trial on Damages

IP Watchdog

On December 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling in the ongoing patent battle between computer chip patent owner VLSI and major chipmaker Intel Corp. While the court affirmed the infringement findings underpinning the bulk of VLSI’s $2.175 billion jury verdict awarded back in March 2021, the panel ordered a retrial of damages award for one of two asserted patents and dismissed the doctrine of equivalents infringement finding for the other paten

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Dickinson Wright Adds Lewis Brisbois IP Atty In Denver

IP Law 360

Dickinson Wright PLLC bolstered its intellectual property and commercial litigation practice through the addition of a member at its new Denver office from Lewis Brisbois Bisgaard & Smith LLP, the firm announced Monday.

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Wischenbart Report On Global 50 Publishers Arrives

Velocity of Content

The 2023 edition of the Global 50 Publishing Ranking is a story of marketplaces that comes with a few twists, says Rüdiger Wischenbart , author of the annual report on publishing markets and business performance. Data is extensive on the world’s largest publishers, yet insufficient for the nontraditional self-publishing market. And while books remain a dominant format, reading and discussing stories, as well as the IP generated from books, have become integrated in consumers’ experiences and

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Cozy Must Hand Over Docs In Patent Suit, Fed. Circ. Rules

IP Law 360

The Federal Circuit has shot down a bid from a child car seat developer challenging a Massachusetts federal magistrate judge's finding that it must produce certain documents in a patent infringement lawsuit.

Patent 52
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The Threat You’ve Never Heard of: The Modern-Day Counterfeiter 

Corsearch

The integration of digital solutions and technology in our everyday lives has enabled e-commerce to flourish and be a first point of call when shopping. However, as consumers head online, so do bad actors and criminals. Illegal markets continue to grow and are becoming smarter and more sophisticated, with criminal networks developing organized models to create and sell counterfeit goods.

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Fed. Circ. Not Sure It Should Answer PREP Immunity Question

IP Law 360

Puritan Medical Products told the Federal Circuit it's immune from a rival's patent suit over COVID-19 test swabs due to a law that shields certain activity aimed at resolving the spread of a disease during a public health emergency, but the panel didn't seem sure it was its place to decide.

Law 52