Mon.Nov 04, 2024

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NASA: Copyright and Trademark in Space

Plagiarism Today

While it's well known that NASA images and videos are public domain, there are still some restrictions to be aware of before using them. The post NASA: Copyright and Trademark in Space appeared first on Plagiarism Today.

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Braflix to Shut Down: Pirate Site Throws in the Towel Citing Legal Pressure

TorrentFreak

Last year, Braflix was added to the ever-growing list of flix-inspired pirate streaming sites. Reportedly operating from Brazil, the site offered a clean interface, relying on third-party sources to provide a gateway to pirated movies and TV shows. The site had no obvious connections to other large streaming cabals, such as the massive Fmovies operation.

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3 Count: Four Chords

Plagiarism Today

Ed Sheeran wins Thinking Out Loud lawsuit, Ecuador group tries to forest named as an author, and Malware operators spam fake copyright notices. The post 3 Count: Four Chords appeared first on Plagiarism Today.

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[Video] Ryan MacDougall Discusses Business Development in the Legal Industry

JD Supra Law

Ryan MacDougall is the Chief Business Development Officer for Wolf Greenfield. Since joining the firm in 2010, he has worked closely with the firm's executive leadership, management, and practice groups to build and implement strategies that have made Wolf Greenfield one of the largest IP law firms in the US. Utilizing his in-depth knowledge of the intellectual property space, Ryan maintains a strong focus on client experience and satisfaction as he oversees the firm’s Client Services.

Business 112
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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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Piracy Shield Crisis Erupts as AGCOM Board Member Slams Huge Toll on Resources

TorrentFreak

RIPE NCC , the regional Internet registry (RIR) for Europe, the Middle East, and parts of Central Asia, currently has over 10,000 members, typically Internet service providers and telecoms organizations. The organization’s latest meeting, RIPE89 , ran for three days last week and was open to all. A presentation by Massimiliano “Max” Stucchi titled: Blocking and Censoring the Italian Internet for Football Reasons , told the story of how “a small group of (influential) peop

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Second Circuit Finds Marvin Gaye and Ed Sheeran Similarities Too Unoriginal for Copyright Protection

IP Watchdog

Late last week, the U.S. Court of Appeals for the Second Circuit issued a ruling in Structured Asset Sales, LLC v. Sheeran affirming the Southern District of New York’s dismissal of copyright infringement claims filed against British singer-songwriter Ed Sheeran over his 2014 single “Thinking Out Loud.” Assessing arguments made by a co-rightsholder to Marvin Gaye’s 1973 single “Let’s Get It On,” the Second Circuit found that the district court properly limited the scope of the infringement alleg

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Compounded GLP-1 Drugs: is the Party Over? These Are the Legal and Regulatory Issues for Game Changing Weight Loss Products and the Companies Selling Them

JD Supra Law

Author’s Note: This is an updated version of the post to our blog dated October 30, 2024. Later that day, FDA announced the resolution of Novo Nordisk’s semaglutide shortage, which altered the conclusion of our original post and warranted this update.

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Supreme Court Asked to Address Constitutionality of Judge Newman Removal

Patently-O

by Dennis Crouch Miller Mendel, Inc. has petitioned the Supreme Court to review a Federal Circuit decision invalidating its background check software patent in a case that raises questions about both judicial independence and patent eligibility standards. The petition comes after both the district court and Federal Circuit found Miller Mendel's US Patent No. 10,043,188 ineligible under § 101 as directed to an abstract idea.

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Court Dismisses AI Scraping Claim, But Grants Leave to Amend

JD Supra Law

We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive rulings on some of the AI issues. Instead, the court has granted Defendant’s motion to dismiss for lack of personal jurisdiction, but granted Plaintiff leave to amend.

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Monday Miscellany

The IPKat

Here is your IPKat weekly summary of IP news, events and opportunities! Upcoming events and competitions: UCL IBIL course: Law Drafting and negotiating clinical trial agreements on Monday 4th and Tuesday 5th November. IESEG school of management, Design protection in the fashion field. Letter from different countries , 8 Nov 2024 UCL IBIL seminar: Patent Law – Fit for an (emotional) AI age?

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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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Loyalty rebates: a final word from the European Court of Justice in Intel?

JD Supra Law

In May 2009, the European Commission (EC) fined Intel EUR1.06 billion for abusing its dominant position in the x86 microprocessor market (CPUs). The EC concluded that Intel had granted anticompetitive loyalty rebates to computer manufacturers, and paid manufacturers to halt or delay the launch of products containing rivals’ x86 CPUs and limited the sales channels….

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Please Don’t Call Me a ‘Genus’: The High Bar for Section 112 in the Unpredictable Arts as Illustrated by In re Xencor

IP Watchdog

The case law distinguishes between so-called “unpredictable arts” (e.g., the biological, chemical, and pharmaceutical arts) and “predictable arts” (e.g., electrical and mechanical arts) for purposes of Section 112 analysis for the very reason that one is considered “predictable” while the other, “unpredictable.

Art 59
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Purdue Pharma L.P v. Accord Healthcare Inc. - OxyContin® (oxycodone HCl)

JD Supra Law

Case Name: Purdue Pharma L.P v. Accord Healthcare Inc., Civ. No. 22-913-WCB, 2024 WL 4120717 (D. Del. Sept 9, 2024) (Bryson, J.) Drug Product and Patent(s)-in-Suit: OxyContin® (oxycodone HCl); U.S. Patent No. 11,304,908 (“the ’908 Patent”).

Patent 67
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What Should I Do if I Am Hit by a Car While Crossing the Road?

Nelligan Law

Reading Time: 3 minutes Pedestrian accidents often result in some of the most serious injuries in motor vehicle collisions. While vehicles have become safer for their occupants due to technological advancements, pedestrian safety has not seen the same level of innovation. In fact, the increasing size and weight of vehicles, especially with the rise of electric vehicles (EVs), only increases the risks for pedestrians.

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Patent Poetry: What’s Happening with AI and Copyright Law

JD Supra Law

Not surprisingly, a lot is happening at the intersection of artificial intelligence (AI) and intellectual property (IP) law. Here’s a roundup of some recent developments in the area of copyright law and AI.

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Social Media, Creative Theft, and Copyright: What Every Independent Artist Needs to Know

Intepat

Introduction Copyright protection is essential for independent artists to secure the recognition and fair compensation they deserve. In the music industry, copyright does more than just credit originality—it helps artists build their brand and reputation. Registering a song’s copyright provides proof of ownership, an invaluable tool in resolving disputes or dealing with unauthorized use.

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Four Steps to Maximize AI Innovation in Medtech

JD Supra Law

Investment in artificial intelligence (AI) is rising fast. The International Data Corporation projects global spending on AI R&D will reach $632 billion by 2028, more than twice the expected total for 2024.

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Navigating Copyright in the Age of Generative AI: Responsible AI Starts with Licensing

Velocity of Content

Businesses in seemingly every industry are rapidly embracing artificial intelligence, particularly generative AI, to revolutionize their operations, enhance productivity, and drive innovation. According to McKinsey’s latest Global Survey on AI , adoption of generative AI has nearly doubled in just ten months, with 65% of respondents reporting that their organizations are now regularly using the technology.

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Warby Parker Prevails Against 1-800 Contacts in Keyword Advertising Dispute - Kattison Avenue | Issue 13

JD Supra Law

In the September 2022 issue of Kattison Avenue, we reported on a decision in the Southern District of New York dismissing claims by 1-800 Contacts, Inc. (1-800) against JAND, Inc., which does business as Warby Parker. The dispute involved Warby Parker's use of keyword advertising tied to 1-800's trademarks, which causes internet search results for 1-800 to display paid advertisements for Warby Parker's website at or near the top of the results page. 1-800 had claimed that this amounted to.

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The Jiohotstar Domain saga

Selvam & Selvam Blog

The recent domain dispute involving jiohotstar.com has sparked a broader online discussion, highlighting a familiar narrative of “big corporation versus individual.” While some recognized the legal underpinnings of the issue, much of the debate centred on the perception that Reliance Jio should have accommodated the individual’s request. However, this situation exemplifies domain squatting—where individuals/company register internet domains containing well-known brand names or company identifier

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When Are Pending Trademark Applications Subject to Court Review?

JD Supra Law

Generally, third parties who believe they may be harmed by a trademark registration can challenge a USPTO trademark application through the Trademark Trial and Appeal Board. However, do third parties have another avenue in challenging such applications in federal court?

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Finance Cos. Can't Prove Trade Secret Theft, Conn. Court Told

IP Law 360

A Connecticut financial adviser denied stealing trade secrets from his former firm and improperly accessing its computer systems after he resigned to run his own company, telling a state court that his onetime employer and its affiliates cannot prove the allegations in a lawsuit they brought against him.

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Expert Testimony Excluded under Kyocera Where Party Failed to Establish its Expert Possessed the Necessary 'Advanced Training and Experience'

JD Supra Law

The Federal Circuit’s decision in Kyocera Senco Industrial Tools Inc. v. International Trade Commission articulated a bright-line test for patent expert admissibility: to testify from the perspective of a “person of ordinary skill in the art” (POSITA), the expert must at least meet the definition of a POSITA for the patents-in-suit.

Art 62
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Boeing Agrees To End Virgin Galactic Secrets, Contract Fight

IP Law 360

Boeing has agreed to end a breach of contract and trade secrets lawsuit it launched against Virgin Galactic stemming from a deal for a Boeing subsidiary to develop certain aircraft used to launch commercial spaceships.

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Slicing Through Insufficient Evidence of Infringement, Willfulness, and Damages

JD Supra Law

The sufficiency of evidence required to support a denial of a motion for judgment as a matter of law and a motion for a new trial for infringement, willful infringement, and damages.

Law 60
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Judge 'Sorry' Before IP Retrial: 'My Mind Has Been Elsewhere'

IP Law 360

A New York federal judge has apologized for not being prepared at a pretrial conference ahead of a damages retrial between lighting fixture company Lutron Electronics and the company whose window shade patent it was found to infringe, GeigTech East Bay.

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Imprecise Claim Charts and Improper Incorporation By Reference Result in Institution Denial

JD Supra Law

On March 23, 2024, Nearmap US, Inc. (“Nearmap”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 10,671,648 (“the ’648 Patent”) (“IPR716”), assigned to Eagle View Technologies, Inc. (“Eagle View”). The ’648 Patent relates to integrating information associated with particular geographic locations in a centralized database that may be queried for a time history of any of the locations.

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Startup Beats $460M Cancer Trade Secrets Case In Delaware

IP Law 360

In front of a federal jury in Delaware, a California biotech startup has defeated a nearly $460 million trade secrets case from a rival that claimed the startup's co-founder helped himself to confidential information regarding cancer treatment antibodies while employed as an expert in an unrelated international arbitration proceeding.

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Understanding Medical Malpractice Claims in Ontario

Nelligan Law

Reading Time: 3 minutes Medical malpractice claims arise when a physician falls below the standard of care expected of a similar physician practicing in Ontario. Everyone who interacts with the medical system should understand medical malpractice. This blog provides an overview of what constitutes medical malpractice, the necessary components of a claim, and the steps involved in pursuing compensation in Ontario.

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Firm Says 3D Printer Biz Owes $7.2M For Patent Trial Win

IP Law 360

Less than a year after obtaining a $17.3 million verdict from a Delaware federal jury in a patent case over 3D printing technology, one of the firms behind the win says its erstwhile client hasn't paid it over $7 million in legal fees.

Patent 52
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Misdiagnosis or Delayed Diagnosis: Navigating the Challenges and Pursuing a Claim in Ontario

Nelligan Law

Reading Time: 2 minutes A misdiagnosis or delayed diagnosis can have devastating consequences for patients, sometimes leading to incorrect treatment, delayed recovery, or even a worsening condition. Understanding the legal options is crucial for patients in Ontario who suffer due to these medical errors. This blog post explores the issues surrounding misdiagnosis and delayed diagnosis, and how patients can pursue compensation for medical malpractice in Ontario.

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NYT Says Discovery In OpenAI Suit Isn't Going 'Smoothly'

IP Law 360

The newspapers suing OpenAI and Microsoft Corp. over allegedly using copyright-protected news stories to train ChatGPT say they now have a "fundamental disagreement" with the tech companies "about who is responsible" for identifying which of their news stories were allegedly used by the artificial intelligence software.

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Understanding Surgical Errors: A Guide to Navigating Legal Recourse in Ontario

Nelligan Law

Reading Time: 2 minutes Surgical errors are among the most devastating medical malpractice cases. These errors can leave patients with long-term or permanent consequences. This guide explores the nature of surgical errors, how they occur, their impact on patients, and the legal avenues for seeking compensation in Ontario. What are Surgical Errors? Surgical errors are mistakes made during surgery that deviate from the accepted standard of care in the medical community.

Law 52
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Patent Co. Looks To Combine Antitrust Case With Consumers

IP Law 360

Patent-holding company VoIP-Pal.com is asking a D.C. federal judge to consolidate, at least for pre-trial purposes, its own Wi-Fi calling antitrust suit against Verizon, AT&T and T-Mobile with a proposed class action it launched making many of the same claims.

Patent 52
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Understanding Duty of Care in Medical Malpractice Cases in Ontario

Nelligan Law

Reading Time: 2 minutes The concept of duty of care is fundamental to maintaining patient safety and trust. Healthcare providers have a legal obligation to ensure their patients receive competent care. This blog explores the meaning of duty of care in the context of medical malpractice in Ontario, how breaches can occur, and the implications for both patients and healthcare providers following a breach of care.