Mon.Jan 08, 2024

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The Weaponization of Plagiarism 

Plagiarism Today

Plagiarism has long been a powerful weapon in politics, however, now the weaponization of plagiarism is expanding and targeting new people. The post The Weaponization of Plagiarism appeared first on Plagiarism Today.

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Fungi-based bacon named ‘MYBACON’?

The IPKat

Plant-based alternatives to meat and other animal products have found their way into the shelves of traditional food retailers. This trend has caused some interesting trade mark filings and decisions. The General Court found Oatly’s slogan ‘It’s like milk but made for humans’ sufficiently distinctive inter alia for ‘diary substitutes’ (IPKat here ).

Art 116
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3 Count: San Francisco Treat

Plagiarism Today

Artist sues San Francisco over billboard, Steamboat Willie faces copyright struggles on YouTube and Aritzia wins dismissal in sculpture case. The post 3 Count: San Francisco Treat appeared first on Plagiarism Today.

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Beijing Court Approves Copyright Protection for AI-Generated Images

JD Supra Law

The Beijing Internet Court (BIC) recently recognized copyright protection in artificial intelligence (AI) generated images, ruling that the images met the requirements of originality and reflected a human's intellectual property investment. Li v. Liu, Written Civ. Rulings (Beijing Internet Ct. Nov. 27, 2023) (China).

Copyright 113
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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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Could Piracy Help Netflix Win the Streaming Wars?

TorrentFreak

Two weeks ago we published our overview of the most pirated TV-shows of 2023, with HBO’s “The Last of Us” emerging as the clear winner. The annual list featured series from all popular video subscription services, except one. In line with previous years, Netflix titles were notable for their absence. This could lead to the conclusion that pirates simply think that Netflix content isn’t worth watching.

Marketing 107
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Copyrights, Trademarks, and a Certain Animated Mouse

Greenspoon Marder LLP

By: Gavin M. Strube, Esq. 2024 has started off with big news in the intellectual property world. Mickey Mouse has officially entered the public domain! In a page taken from the recent release of “Winnie the Pooh: Blood and Honey,” it should come as no surprise that at least two different horror movies featuring Mickey Mouse have already been announced. […] The post Copyrights, Trademarks, and a Certain Animated Mouse appeared first on Greenspoon Marder LLP.

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Research & The Real World

Velocity of Content

In laboratories and libraries, ivory towers and coffee shops, scholars of all fields work out innovative answers to pressing problems. The setting for such research, on subjects from economics to the environment, may seem remote or even removed from our lives, yet the impact will eventually reach us directly. Sage Policy Profiles , a new web-based tool from Sage and Overton , lets researchers uncover and understand the influence their evidence-based research may have on public policy by identi

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SCOTUS Passes on Intel’s Bid to Overturn Fintiv

IP Watchdog

The U.S. Supreme Court today denied certiorari in Intel v. Vidal, a case that asked the Court to overturn a U.S. Court of Appeals for the Federal Circuit (CAFC) ruling concerning the Patent Trial and Appeal Board’s (PTAB’s) so-called Fintiv framework. The CAFC’s March 2023 decision said appellate review of whether the PTAB’s discretionary denial rules for inter partes review (IPR) are “arbitrary and capricious” was precluded by Section 314(d) of the patent statute.

Patent 98
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DEIA: Reflecting Back on 2023 and Looking Ahead to What’s Next

U.S. Department of Commerce

DEIA: Reflecting Back on 2023 and Looking Ahead to What’s Next January 8, 2024 ASowah@doc.gov Mon, 01/08/2024 - 14:55 Reflecting on a momentous 2023, the DOC Equity (DEIA) Council continued to inspire us, ignite change, and spark action across the Department to cultivate a culture of fairness and inclusion. The Council made significant progress in the critical areas of external service delivery, internal workforce development, measurement, and infrastructure to create a world-class program of su

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[Audio] Staying on Track and Giving Back with Bill Spruill

JD Supra Law

Ever wondered what it takes to navigate the dynamic landscape of technology ecosystems? How about fostering a workplace revolution or leaving an indelible mark on the entrepreneurial scene? Well, today's guest, Bill Spruil, has the answers. Welcome into the mind of a true entrepreneurial icon who sold a company for hundreds of millions and orchestrated a windfall that created 25 new millionaires in the Triangle area.

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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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Internal Search Results Aren’t Trademark Infringing–PEM v. Peninsula

Technology & Marketing Law Blog

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ). However, the trademark owner remains so convinced of its rightness that it sought summary judgment one more time.

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How to Best Prepare Your Business for a Successful Sale

JD Supra Law

A potential business sale transaction can be an exciting time for a business owner. The sale represents pay-off for years, or even decades, of hard work. However, it’s seldom a simple process. A successful merger and acquisition (M&A) transaction requires its own hard work and typically takes many months of preparation.

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Google Can't Google Potential Jurors Before AI Patent Trial

IP Law 360

Google may not use its ubiquitous search engine to research prospective jurors in an upcoming trial accusing the tech giant of infringing patents related to artificial intelligence, a Massachusetts federal judge said Monday.

Patent 80
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AI cannot be an inventor of a UK Patent

JD Supra Law

The United Kingdom Supreme Court (the ultimate appeal level in the UK legal system) has ruled in a decision of 20 December 2023 that an artificial intelligence (“AI”) system cannot be identified in a patent application as the inventor.

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Fed. Circ Challenges $1B Foreign Damages Claim In IBG Case

IP Law 360

Federal Circuit judges expressed skepticism at arguments that the former CEO of Trading Technologies International Inc. is entitled to nearly $1 billion damages because IBG LLC infringed the company's dynamic trading display patents, with one panelist going so far as to call the former CEO's arguments "Jedi mind tricks.

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Updates on Aflibercept BPCIA Litigation

JD Supra Law

Emergency Motion for Entry of a PI Schedule Against Celltrion, Formcyon, and Samsung Bioepis - On December 28, Regeneron filed emergency motions for entry of a PI schedule in its aflibercept BPCIA cases against Celltrion, Inc., Formycon AG, and Samsung Bioepis (“Samsung”). Regeneron seeks a PI schedule to “ensure an orderly process that will result in resolution of its forthcoming motion for PI before May 17, 2024,”.

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Another 101 Bites the Dust as High Court Denies Realtime Data Petition

IP Watchdog

The U.S. Supreme Court today denied a petition asking the High Court to clarify patent eligibility jurisprudence under Section 101 since its 2014 ruling in Alice Corp. Pty Ltd. v. CLS Bank Int’l. Realtime Data, LLC asked the Court specifically to address the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) August 2023 decision holding 211 of its patent claims ineligible as abstract.

Patent 64
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Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc. (Fed. Cir. 2023)

JD Supra Law

One of the many changes introduced into U.S. patent law by the Leahy-Smith America Invents Act were provisions for post-grant review (PGR) and inter partes review (IPR). There have been thousands of these proceedings instituted since their enactment into law, and the contours of how the Patent Trial and Appeal Board (PTAB) have executed these statutory provisions have been the subject of several Supreme Court decisions.

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Ninth Circuit Denies Review of Decision that IPR Proceedings Do Not Trigger FCA’s Public Disclosure Bar

IP Watchdog

On January 5, the U.S. Court of Appeals for the Ninth Circuit published an amended opinion and order denying rehearing and rehearing en banc, thus upholding its August reversal of the Northern District of California’s dismissal of a qui tam whistleblower action under the False Claims Act (FCA). The FCA claim was brought by patent attorney Zachary Silbersher against Valeant Pharmaceuticals, predecessor to Canadian drugmaker Bausch Health.

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Taiho Pharm. Co., Ltd. v. Eugia Pharma Specialties Ltd. - Lonsurf® (Trifluorothymidine / Tipiracil)

JD Supra Law

Case Name: Taiho Pharm. Co., Ltd. v. Eugia Pharma Specialties Ltd., Civil Nos. 19-2309-CFC, 19-2321-CFC, 19-2342-CFC-JLH, 19-2368-JLH, 2023 WL 5218125 (D. Del. Aug. 15, 2023) (Connolly, J.) - Drug Product and Patent(s)-in-Suit: Lonsurf® (trifluorothymidine / tipiracil); U.S. Patent No. RE46,284 (“the ’284 patent”).

Patent 65
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Micron Wants Fed. Circ. To Step In On Patent Case

IP Law 360

Micron has asked the Federal Circuit to step in after an Eastern District of Texas magistrate judge refused to hold off on a Jan. 19 trial to await Patent Trial and Appeal Board proceedings.

Patent 59
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Patentability 101

JD Supra Law

Article I, section 8 of the U.S. Constitution says that “The Congress shall have Power. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”.

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always-available, effortless discount plausibly makes higher "regular" price misleading

43(B)log

Vizcarra v. Michaels Stores, Inc., F.Supp.3d -, 2024 WL 64747, No. 23-cv-00468-PCP (N.D. Cal. Jan. 5, 2024) Vizcarra alleged that Michaels deceptively advertises its products as discounted when in fact they are always available for at least 20% less than the purported “regular” price. The court dismissed her unjust enrichment claim but otherwise allowed her consumer protection claims to proceed.

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Finnegan Rehires Attorney To Head Copyright Practice In DC

IP Law 360

A former Finnegan Henderson Farabow Garrett & Dunner LLP associate has rejoined the firm in Washington, D.C., and will lead its copyright practice, the firm announced Monday.

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District Court Grants Summary Judgment and Invalidates Patent in REGENXBIO v. Sarepta Litigation

LexBlog IP

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. District Court for the District of Delaware District Court granted summary judgment for Sarepta and ruled that University of Pennsylvania’s (“Penn”) U.S. Patent No. 10,526,617 (the ’617 Patent; licensed to REGENXBIO) is invalid as being directed to ineligible subject matter.

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Judge Finds IP Asserted Against Netflix Was Sold Years Ago

IP Law 360

A federal judge in Oakland dismissed a Finnish executive's infringement case against Netflix, finding Monday that the patent had actually been sold off in 2005 and rejecting arguments that cited Scandinavian ownership disputes involving unclaimed shipwrecks and piles of leather found "in a waste pile.

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Authentically AI, or Just Smoke and Mirrors

IP.com

Google recently released a video introducing their new AI model called Gemini, which presents the moderator’s engagement with the AI Gemini to discuss and prompt back and forth dialogue about a variety of different subjects in the video. What appears to be an organic, candid conversation about drawings, the world map, games, and more is really incredible to witness, but is this authentically AI or is it an illusion?

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Musician Asks Justices To Back Copyright Damages Accrual

IP Law 360

A musician urged the U.S. Supreme Court to affirm an Eleventh Circuit decision finding he was not time-barred from recovering more damages in a copyright suit against Warner Chappell Music, saying Warner's petition is based on an "outlier" Second Circuit decision directly contradicting precedent.

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Trademark Infringement Suit Over “Buttermilk”

Indiana Intellectual Property Law

In a recent legal case involving Illinois Plaintiff, SAK Group , Inc. and Indiana Defendant, Blue Hill Hospitality, Inc., the complexities of trademark infringement and its legal implications came to the forefront. According to the complaint, SAK Group, Inc., is a renowned restaurant group operating under the trademark “ Buttermilk Café.” They initiated legal action against Blue Hill Hospitality, Inc., alleging trademark infringement and unfair competition.

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OpenAI Calls NYT's Suit 'A Surprise And Disappointment'

IP Law 360

OpenAI on Monday criticized a New York Times complaint accusing the artificial intelligence company and Microsoft of infringing article copyrights to develop ChatGPT, insisting in a blog post that the way it has trained its large language model is lawful and saying the newspaper "is not telling the full story.

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AI and Copyright Wars: The New York Times Takes on OpenAI and Microsoft

Intepat

*Written by Gayatri Singh, a 4th year BA LL.B (Hons.) student from University of Petroleum and Energy Studies, Dehradun Introduction The New York Times, one of the most respected news organizations, has taken legal action against OpenAI and Microsoft, accusing them of using their articles without authorisation to train their powerful AI models, including the widely used ChatGPT.

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Computer Security IP Fight Settled On Eve Of Trial

IP Law 360

A Virginia federal judge has called off an infringement trial planned for Monday after the two companies involved said they reached a settlement over the computer security patent dispute.

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Supreme Court Denies Certiorari in Three Patent Cases

Patently-O

The Supreme Court announced on Monday, January 8, 2024, it has denied certiorari petitions in three patent cases that we have been watching. This leaves the Federal Circuit rulings intact. It also means that the court is unlikely to hear a patent case this term. The first case is Intel Corp. v. Vidal , which challenged the Patent Trial and Appeal Board’s “ Fintiv rule.

Patent 56
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What One Litigator Learned Serving On A Jury

IP Law 360

Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

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Precedential No. 1: TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use

The TTABlog

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. [The CAFC affirmed the Board's decision on October 19, 2023 [ TTABlogged here ]]. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J.