Plagiarism Today
SEPTEMBER 9, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: H3 Podcast Asks Court to Throw Out “Fatally Defective” Triller Copyright Lawsuit. First off today, Andy Maxwell at Torrentfreak writes that the team behind the H3 Podcast has asked for the lawsuit against them to be dismissed, saying that the lawsuit is incorrect as a matter of law as they did not commit any copyright infringement.
Intellectual Property Law Blog
SEPTEMBER 8, 2021
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Three of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%.
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Erik K Pelton
SEPTEMBER 9, 2021
When driving, the dashboard tells you a lot of information about the vehicle in the moment – the speed, mileage, gas, engine temperature, and more. For brands and trademarks, there is now an instrument panel to use to measure the status, see below. If your brand’s trademark isn’t in the green, I’d urge to you talk to a mechanic (lawyer) immediately to mitigate the risks and work to improve the performance.
TorrentFreak
SEPTEMBER 5, 2021
Over the past decades, the entertainment industries have tried out numerous anti-piracy PSAs. One of the most iconic videos is without doubt the “You Wouldn’t Steal a Car” campaign, which has proven to be a fertile breeding ground for memes and satire. The video was the result of a collaboration between the Motion Picture Association, the Federation Against Copyright Theft, and the Intellectual Property Office of Singapore.
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?
Plagiarism Today
SEPTEMBER 8, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. Note: Due to the effects of Hurricane Ida, we missed over a week of regular news, so this is a catch-up edition of the 3 Count. Stories will be older than normal. We will be back to regular news tomorrow. 1: Locast’s Free TV Service Shuts Down After Losing Copyright Ruling.
IP Watchdog
SEPTEMBER 9, 2021
The U.S. Department of Commerce announced today that it has established a National Artificial Intelligence (AI) Advisory Committee that will advise the President and other federal agencies on issues surrounding AI. The Committee will work with the existing National AI Initiative Office (NAIIO) in the White House Office of Science and Technology Policy (OSTP).
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
SEPTEMBER 9, 2021
While anime is still insanely popular in its home country of Japan, over recent years the popular animation format has enjoyed huge growth in the West, to some extent due to piracy. With studios initially unable or reluctant to distribute their works through official channels, piracy platforms of all kinds sought to fulfill demand and as a result, gained a significant foothold in the market.
JD Supra Law
SEPTEMBER 10, 2021
- With crypto investment frauds on the rise, the U.S. Securities and Exchange Commission sent a warning to investors and published an investor alert listing out possible signs of a scam. Along similar lines, a Bloomberg article discusses the critical need for financial regulators to provide investors with tools to protect themselves when investing in NFTs and cryptocurrencies. - NFTs further infiltrate Hollywood and now the hospitality industry.
IP Watchdog
SEPTEMBER 7, 2021
According to Strategic Goal 1 of the United States Patent and Trademark Office’s (USPTO’s) FY2020 Performance and Accountability Report (PAR), the USPTO is committed to high-quality patent examination in a timely manner. From submission to approval, the USPTO has established groundbreaking quality assurance programs, metrics, and training programs. It has also established IT modernization programs to improve the overall quality of the office’s work products and processes.
Patently-O
SEPTEMBER 9, 2021
by Dennis Crouch. You may have heard that most US utility patent claims use the open transition phrase COMPRISING. Here’s the data to support that hearsay. The chart below shows data from independent claims gleaned from issued US patens grouped by patent issue year. To make the chart, I calculated the percentage of independent claims that include the phrase comprising or comprises or comprise as the first traditional (or only) transitional phrase within the claim text.
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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.
TorrentFreak
SEPTEMBER 9, 2021
Two years ago Internet provider Cox Communications lost its legal battle against a group of major record labels. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages. The ISP was disappointed with the verdict and filed an appeal.
SpicyIP
SEPTEMBER 10, 2021
We are pleased to inform you that a high-level dialogue to discuss the challenges and opportunities concerning the TRIPS Waiver with intellectual property experts, a nobel laureate, a member of the European Parliament, and a US Congressman is being organised on 13th September, 2021 from 6:45 PM to 08:00 PM Indian Standard Time. For further details, please read the announcement below.
IP Watchdog
SEPTEMBER 10, 2021
When examining trademark applications, the U.S. Patent and Trademark Office (USPTO) assesses whether the applied-for trademark presents a likelihood of confusion among consumers as compared to other registered U.S. trademarks. In making this determination, the USPTO considers a list of factors first laid out in In re E. I. du Pont de Nemours & Co. 476 F.2d 1357 (C.C.P.A. 1973), commonly referred to as the Du Pont factors.
JD Supra Law
SEPTEMBER 10, 2021
Striking a blow to patent applicants seeking to assert inventorship by artificial intelligence (“AI”) systems, the U.S. District Court for the Eastern District of Virginia ruled on September 3, 2021 that an AI machine cannot qualify as an “inventor” under the Patent Act. The fight is now expected to move to the Federal Circuit on….
TorrentFreak
SEPTEMBER 10, 2021
While millions of people have no qualms about downloading music, movies and TV shows for free, there are also large numbers of students who feel completely justified in obtaining textbooks without paying for them. With often extortionate pricing and a requirement to obtain the latest but only slightly modified versions of books to complete their courses, some students believe that textbook publishers fail to act in their bests interests.
SpicyIP
SEPTEMBER 8, 2021
Image from here. Image showing trees and plants labelled as patented. Continuing our series of posts on the Parliamentary Standing Committee Report on Review of the IPR Regime in India, in this post I will be covering the Report’s recommendations on IPR and Traditional Knowledge (TK). The other posts on the Report can be found here , here , here , here , and here.
IP Watchdog
SEPTEMBER 9, 2021
President Joe Biden on Wednesday nominated eight new judges for federal courts, including Judge Lucy Koh for the U.S. Court of Appeals for the Ninth Circuit. Koh has been a prominent figure in intellectual property (IP) cases in recent years, particularly due to her 2019 order finding that Qualcomm had engaged in unlawful licensing practices, which included her issuance of a permanent, worldwide injunction against several of Qualcomm’s core business practices.
Technology & Marketing Law Blog
SEPTEMBER 5, 2021
photo by Anik Shrestha, [link]. Malwarebytes and Enigma offer competitive anti-threat software. Malwarebytes classified Enigma’s software as a “potentially unwanted program,” or PUP, and quarantined the programs. Enigma sued Malwarebytes for that classification/quarantine. Initially, the district court dismissed the case on Section 230(c)(2)(B) grounds.
TorrentFreak
SEPTEMBER 7, 2021
Over the past years, dozens of independent photographers have taken their copyright disputes to court, accusing companies of using their work without permission. While many of them have a legitimate claim, these ‘photo’ lawsuits generally have a bad reputation. This is in part due to the tactics employed both in and outside of court. Photographer Lawsuits.
SpicyIP
SEPTEMBER 6, 2021
The End of the IPAB and Lessons on Concentration of Judicial Powers. An image saying ‘Every end is a New Beginning’ (image from here ). Prashant wrote about how the now scrapped IPAB has always been in the news for mostly the wrong reasons, ranging from a lack of independence to a lack of appointments to poor quality of appointments to illegal appointments to a lack of resources.
IP Watchdog
SEPTEMBER 6, 2021
In a previous article, we discussed the difference between a reasonable royalty for patent infringement and a FRAND licensing rate, both in terms of their origins and objectives: the former being a creature of statute and case law that seeks to compensate a patent owner for infringement, whereas the latter is rooted in contract and seeks, amongst other things, to address issues of royalty stacking and discriminatory licensing.
JD Supra Law
SEPTEMBER 9, 2021
Although the European, U.S., and UK Patent Offices have denied patent applications on the grounds that an AI system cannot be listed as an inventor, not every country seems to be following that approach and some may be set to buck the trend.
TorrentFreak
SEPTEMBER 4, 2021
For the past several years, Italian law enforcement authorities have been attempting to reduce the local availability of pirate IPTV platforms and related services. In September 2019, a massive operation took down IPTV management service Xtream-Codes, which was believed to have serviced around 50 million end-users. With the outcome in that matter still pending, authorities have been concentrating on taking down IPTV services themselves and claiming grand results.
IPilogue
SEPTEMBER 10, 2021
Photo by Tuur Tisseghem ( Pexels ). Shannon Flynn is a Guest Writer and the Managing Editor of Rehack Magazine. It is easy to overlook the relationship between physical security and intellectual property (IP). Just as video surveillance can help deter or provide evidence of people stealing physical property, it can do the same for IP. Cameras let companies monitor employee actions, protect data centres, or watch printers that may process sensitive documents.
IP Watchdog
SEPTEMBER 7, 2021
On September 2, the U.S. District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S. patents. The court pointed to the Administrative Procedures Act’s (APA’s) strong deference to final agency decisions, barring any egregious errors.
IP.com
SEPTEMBER 8, 2021
Writing a great defensive publication, or defensive disclosure, is more than checking for spelling mistakes and grammatical errors. How you describe your invention matters—a lot. Your writing choices can negatively. The post Defensive Publishing Mistakes (and Potential Consequences) appeared first on IP.com - IP Innovation and Analytics.
TorrentFreak
SEPTEMBER 10, 2021
A group of independent film companies has taken the piracy liability issue to a new level this year. After targeting site owners and individual pirates, the makers of films such as “Hunter Killer”, “I Feel Pretty” and “Shock and Awe” started going after VPN providers. And they didn’t stop there either. Over the past few months, several hosting companies have been sued as well.
IPilogue
SEPTEMBER 7, 2021
Photo by Jimmy Jin ( Unsplash ). Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . In August, Apple made headlines by introducing new privacy features in their upcoming software updates. These new features are purported to expand protections for children through modified communication tools, on-device algorithm learning within Messages , cryptography , and Siri , and Search interventions.
IP Watchdog
SEPTEMBER 8, 2021
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued an order denying MaxPower Semiconductor, Inc.’s appeal and Petition for Writ of Mandamus with respect to the Patent Trial and Appeal Board’s (PTAB’s) decisions to institute ROHM Semiconductor USA, Inc.'s petitions for four inter partes review (IPR) proceedings of MaxPower patents.
Technology & Marketing Law Blog
SEPTEMBER 9, 2021
The plaintiff is deaf. He is a serial litigant (“By this Court’s count, Mr. Winegard had filed at least forty-four ADA lawsuits in this district alone as of August 16, 2021”). He says that he can’t watch video on the Newsday website because the videos lack closed captioning. The court says the ADA’s intent for the phrase “public accommodation” is unmistakable–it only applies to physical spaces.
TorrentFreak
SEPTEMBER 7, 2021
As part of Triller’s legal campaign targeting people and entities that allegedly pirated the Jake Paul vs. Ben Askren fight earlier this year, the company sued the popular H3 Podcast. Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act.
Copyright Alliance
SEPTEMBER 7, 2021
This week we would like to introduce you to Dr. Beth Peterson, a nonfiction writer and associate professor of writing at Grand Valley State University. What was the inspiration behind becoming […]. The post Creator Spotlight with Nonfiction Writer Dr. Beth Peterson appeared first on Copyright Alliance.
JD Supra Law
SEPTEMBER 10, 2021
We recently issued a reminder of the September 1 effective date of China’s new Data Security Law (DSL) and its potential impact on all business operators in China, including multinational corporations. But the DSL is not the only development from Chinese regulators that affects technology companies operating in the country, specifically ecommerce companies.
Corsearch
SEPTEMBER 9, 2021
Did you know that trademark activity in Switzerland’s registry grew by 11% in 2020 when compared to the previous year? This significant increase in filing volumes has resulted in a need for fast and reliable Swiss trademark screening, search, and clearance solutions — to better serve a growing Swiss market.
TorrentFreak
SEPTEMBER 8, 2021
For more than a decade copyright holders of all kinds have approached the UK High Court with applications for website blocking injunctions. Applicants have included entities such as the BPI (representing the major music labels) and the MPA (movies and TV shows). Over time, these groups have expanded to include organizations such as the Premier League and similar live sports broadcasters, who in the main seek to have pirate IPTV-type operations blocked by the countries leading ISPs.
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