Mon.May 01, 2023

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Plagiarism and China’s Social Credit System

Plagiarism Today

A Chinese art professor has been fired over allegations of plagiarism. However, he may have much more to worry about than unemployment. The post Plagiarism and China’s Social Credit System appeared first on Plagiarism Today.

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Court Protects Redditors’ Right to Anonymous Speech in Piracy Case

TorrentFreak

Every day, millions of people from all over the world submit posts, comments, and other content to Reddit. In many cases, discussion comments are read and soon forgotten but several old threads were brought back to life recently as part of a piracy liability case. Redditors as Evidence The comments in question were picked up by Kerry Culpepper, a copyright attorney who leads several piracy lawsuits against Internet providers on behalf of independent film companies.

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3 Count: Twitter Twits

Plagiarism Today

Court protects Redditor's privacy in piracy case, Saskatchewan demands removal of a parody logo and Twitter's piracy problems continue. The post 3 Count: Twitter Twits appeared first on Plagiarism Today.

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After $1bn Piracy Loss, Cox Latest ISP to Face DMCA Subpoena Dilemma

TorrentFreak

In the United States, consumer ISPs have been handing over the identities of suspected BitTorrent pirates for years, mostly because a court has compelled them to as part of a copyright infringement lawsuit. It’s not particularly difficult for rightsholders to take this route, but it can be expensive. In the early 2000s, the RIAA hoped to cut costs by obtaining the details of Verizon customers via the DMCA subpoena process.

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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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Azurity Pharms., Inc. v. Alkem Labs. Ltd. - Epaned® (Enalapril Maleate)

JD Supra Law

Case Name: Azurity Pharms., Inc. v. Alkem Labs. Ltd., No. 19-cv-2100, 2023 WL 1927613 (D. Del. Feb. 10, 2023) (Goldberg, J.) - Drug Product and Patents-in-Suit: Epaned® (enalapril maleate); U.S. Patents Nos. 10,786,482 (the ’482 patent) and 10,918,621 (the ’621 patent).

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Google liable for $500,000 in damages for not delisting defamatory information: A.B. v Google

Barry Sookman

In what has become a series of worldwide struggles against Google by persons whose reputations have been ruined by defamatory posts which Google refuses to de-list from its search engines, a Quebec man was awarded $500,000 in moral damages and a de-listing injunction against Google for breach of his rights under the Quebec Civil Code. The battle which started approximately 16 years ago and which ended after more than 6 years of litigation is reported in the case, A.B. c.

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U.S. Census Bureau Releases Key Stats in Honor of 2023 Asian American, Native Hawaiian, and Pacific Islander Heritage Month

U.S. Department of Commerce

U.S. Census Bureau Releases Key Stats in Honor of 2023 Asian American, Native Hawaiian, and Pacific Islander Heritage Month May 1, 2023 KCPullen@doc.gov Mon, 05/01/2023 - 10:20 2020 Census Graphic of Asian American and Native Hawaiian/Pacific Islander (AANHPI) Businesses In 1992, Congress established May as Asian American and Pacific Islander Heritage Month to coincide with two key milestones: the arrival of the nation’s first Japanese immigrants (May 7, 1843) and Chinese workers’ pivotal role i

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Section 101 Patent Eligibility: A Quick News Roundup

JD Supra Law

It's been a while since our last blog post, so let's do a quick roundup. In early April, the Solicitor General recommended that the U.S. Supreme Court hear two patent eligibility cases: 1) Interactive Wearables v. Polar Electro, and (2) Tropp v. Travel Sentry. The petitioner in Tropp and both the petitioner and respondent in….

Patent 98
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New Tools, Old Rules: Is The Music Industry Ready To Take On AI?

Copyright Lately

The world’s largest record company says it has a clear view of the legal landscape surrounding AI-generated music. The reality is more complicated. If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. While Sheeran attempted to convince a New York jury that he didn’t infringe Marvin Gaye’s classic “Let’s Get It On,” Universal Music Group (UMG) was

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In Brief: Intellectual Property Rights In The UAE

JD Supra Law

The term “intellectual property” signifies any creation of the human intellect. It comprises of ideas, inventions, designs and discoveries, that can be used to earn recognition and financial gains. The most common examples of intellectual property are copyrights, patents and trademarks, among others.

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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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Copyright Infringement and Remedies: An Overview

IP and Legal Filings

What is Copyright The term “copyright” describes a group of legal privileges that belong to the person who first created an original work of authorship, such as a piece of literature, music, film, or software. The owner of the copyright, or the person who created the original work, has control over it. He can grant others access or maintain complete ownership by forbidding others from reproducing or duplicating it.

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ChatUSG: What Companies Doing Business with the Government Need to Know About Artificial Intelligence

JD Supra Law

While you were asking ChatGPT to create a 3-course menu for the upcoming book club you’re hosting or to explain the Rule Against Perpetuities, several federal government agencies announced initiatives related to the use of artificial intelligence (AI) and automated systems, focusing on the potential threats stemming from the misuse of this powerful technology.

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Supreme Court Holds Over Two Patent Cases, Considers Two More on Patent Eligibility

Patently-O

by Dennis Crouch On May 1, the U.S. Supreme Court revealed its decisions from the April 28 conference. Among the three patent cases considered, the court denied certiorari for the pro se case of Wakefield v. Blackboard , while holding over the other two for reconsideration at a later conference. This development increases the likelihood of these two cases being heard by the court, although a grant of certiorari has not yet been announced.

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Apotex’s section 8 claim for Apo-Atomoxetine dismissed

JD Supra Law

On March 30, 2023, the Ontario Superior Court of Justice dismissed Apotex’s claim under section 8 of the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) relating to Apo-Atomoxetine (Lilly’s STRATTERA) and Canadian Patent No. 2,209,735 (735 patent): Apotex v Eli Lilly, 2023 ONSC 1968.

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Law Needs A Balance Between Humanism And Formalism

IP Law 360

A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

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ChatGPT Throws Wrench into Europe's Attempts to Regulate AI

JD Supra Law

After using a large language model, such as ChatGPT, for a while, it is not hard to image an array of nightmarish scenarios that these generative artificial intelligence (AI) programs could bring about. While ChatGPT and its emerging rivals currently have "guardrails" -- ethical limits on what it will do in response to a prompt -- the bounds thereof are not well understood.

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Racism Allegations By T.I.'s Atty Won't Result In Sanctions

IP Law 360

A California federal judge on Monday denied MGA Entertainment's request to sanction an attorney representing hip-hop moguls T.I. and Tiny Harris for alleging the company's lawyer engaged in "racist behavior" during an intellectual property mistrial over a line of dolls, saying that a "new trial turns a new leaf.

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Federal Circuit Takes a Bite Out of Apple’s Trademark Application

JD Supra Law

On April 4, 2023, in a case of first impression, the Federal Circuit reversed the Trademark Trial and Appeal Board (TTAB) and held that a trademark applicant cannot use the priority date of a prior application when the goods and services are not listed in the prior application. Bertini—a professional jazz musician who has been using the mark APPLE JAZZ in connection with festivals and concerts and distributing music since the 1990s—claimed priority of use in the APPLE mark.

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NY School Says Ex-Exec, Rival Can't Shake Trade Secrets Row

IP Law 360

A music school has urged a New York federal judge not to clear its rival and former executive director of claims that they used stolen proprietary information such as beneficiary contacts to build a competing business, arguing that it has provided enough evidence to keep the suit alive and that there are material issues that must be left for a jury to decide.

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Join the Livestream: How A.I. and Tech are Affecting IP Licensing and Value + “Reaching A New Generation of Inventors”

IP Close Up

Four IP licensing experts will discuss recent changes in the intellectual property licensing landscape, including generative A.I., and how they are affecting innovation.

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This Week in Washington IP: Generic Drug Pricing, Supreme Court Ethics, and Maximizing Regional Economic Growth and Innovation

IP Watchdog

This week in Washington IP news, the Senate Committee on the Judiciary holds a hearing on Supreme Court Ethics Reform after two Justices have been tied up in ethics scandals. Elsewhere, the United States Patent and Trademark Office celebrates the 16th annual Design Day, and CSIS discusses the regional economic impact the CHIPS and Science Act can have.

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TTAB Posts May 2023 Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of May 2023. Four of the hearings will be held via video conference; five will be held "in-person" in Alexandria, VA. Briefs and other papers for each case may be found at TTABVUE via the links provided. May 2, 2023 - 2 PM [In-person]: In re Puma SE , Serial No. 90600590 [Refusal to register PWRSHAPE for "Athletic bags and drawstring pouches; all-purpose carrying bags; all-purpose sports bags; duf

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New Mediation Deadline Set In 'Sexy Chocolates' Case

IP Law 360

A Texas federal judge has again told two candymakers to take their trademark dispute over the term "Sexy Chocolates" to mediation.

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The Law Bytes Podcast, Episode 165: Monica Auer on Whether the CBC Is As Independent As It Says It Is

Michael Geist

The recent dust-up between Twitter and the CBC over a “government funded media” label sparked fiery rhetoric from both sides. Opponents of the CBC invoked the notion of propaganda from the public broadcaster, while supporters responded that such comments amounted to an attack on a Canadian institution. That heated debate obscures the reality that there is a discussion worth having about the CBC’s independence, its transparency, and public reporting.

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MarkIt to Market® April 2023: Chinese Trademark Laws: Poised to Change With the Times

JD Supra Law

In January of this year, the China National Intellectual Property Administration (CNIPA) published its draft 5th Amendment to the Chinese Trademark Law (a translated version is posted.) The proposed amendments would overhaul significant portions of the current law, including imposing new remedies to address bad faith trademark filings, instituting use requirements to maintain registrations, and implementing changes intended to streamline the examination process.

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Bristol-Myers Squibb Files Patent Infringement Complaint Against AstraZeneca Regarding Anti-PD-L1 Antibody Product

LexBlog IP

On April 25, 2023, Bristol-Myers Squibb (“BMS”) filed a complaint in the District of Delaware against AstraZeneca related to AstraZeneca’s anti-PD-L1 antibody product, IMFINZI (durvalumab), alleging willful infringement of U.S. Patent No. 9,402,899 (“the ’899 patent”). BMS alleges that the ’899 patent covers “Nobel Prize winning methods of treating cancer” by using “an antibody to inhibit the interaction between PD-1 and PD-L1 to treat

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Brown Rudnick's NY Office Picks Up Drug Patent Pro

IP Law 360

Brown Rudnick LLP has hired a patent litigator with a lengthy career in pharmaceutical intellectual property work backed up by hands-on experience in the drug industry, the firm announced Monday.

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Rise in Trademark Fraud Scams Requires Additional Vigilance By Attorneys and Clients Alike

JD Supra Law

A record number of applicants are seeking to protect their trademarks by filing applications with the United States Patent and Trademark Office (USPTO). The problem? The rise in trademark applications has left open the doors to an alarming number of fraudulent schemes that target trademark applicants and registrants. As the USPTO battles this new and overwhelming surge in fraud schemes, clients should also be increasingly vigilant to ensure that their information and trademarks are safe from.

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General Court considers ‘gymnastic and sporting articles’ and ‘games and toys’ dissimilar for the purpose of likelihood of confusion assessment

The IPKat

Are toys that fall within the category of ‘gymnastic and sporting articles’ different from toys that fall within the broader category of ‘games and toys’? In a recent decision , the General Court considered the goods covered by the marks in question, namely ‘Games, toys’ and ‘Gymnastic and sporting articles’, dissimilar since they have a different nature, intended purpose, method of use, manufacturers, and distribution channels.

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EU and Ukraine to recognize and enforce each other’s court decisions

JD Supra Law

On April 24, 2023, the EU Council announced that it will seek treaty relations with Ukraine under the framework of the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 1 (the “Judgments Convention” or the “Convention”). The Convention will enter into force between the EU and Ukraine on September 1, 2023.

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Private Equity: Investigation and Enforcement

LexBlog IP

Since the private equity issue was last addressed in the Bulletin in the Summer of 2022, the volume of healthcare private equity deals has subsided somewhat, according to statistics presented at the March 2023 Pennsylvania Bar Institute Health Law Conference, and that has generally been attributed to unfavorable market conditions affecting investments of all types.

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New Antidumping and Countervailing Duty Petition on Non-Refillable Steel Cylinders from India

JD Supra Law

On April 27, 2023, Worthington Industries filed antidumping duty (AD) and countervailing duty (CVD) petitions on non-refillable steel cylinders from India. Worthington alleges that in scope non-refillable steel cylinders are sold in the United States for less than “normal value” and requests the imposition of AD duties between 11.20% to 56.52% ad valorem.

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A Compass For the Scholarly Publishing Journey

Velocity of Content

As part of the London Book Fair’s Research & Scholarly Publishing Forum , CCC presented, “Reading the Data Compass: The guiding role of metadata in an increasingly complex scholarly research ecosystem.” Like the earth itself, scholarly publishing has a true north and a magnetic north. The axis of the scientific world is firmly fixed on research.

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[Audio] Time to Amend the Defend Trade Secrets Act

JD Supra Law

Episode 22 of Fairly Competing is out! In 2016, Congress passed the Defend Trade Secrets Act (the “DTSA”). The vote was unanimous in the Senate and 410:2 in the House. President Obama signed it on May 11, 2016. Codified at 18 U.S.C. § 1836, et seq., the DTSA created a federal private right of action for trade secret owners to sue for the misappropriation of their secrets.

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Cruise Software Co. Hits Ch. 11 After Patent Loss To Carnival

IP Law 360

A Florida-based maker of cruise line software Monday filed for Chapter 11 protection in Delaware bankruptcy court with over $88.5 million in debt, saying it does not have the cash to pay a $21 million award after losing a patent infringement suit to Carnival Corp. in March.

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