Sat.Jan 20, 2024 - Fri.Jan 26, 2024

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My Favorite Euphemisms for Plagiarism

Plagiarism Today

When retracting an article for plagiarism, many journals will bend over backwards to avoid saying the p-word. Here's some great examples. The post My Favorite Euphemisms for Plagiarism appeared first on Plagiarism Today.

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The Importance of Reasonable Particularity in a Doctrine of Equivalents Argument

Intellectual Property Law Blog

In VLSI Technology LLC v. Intel Corporation , No. 22-1906 (Fed. Cir. 2023) , VLSI sued Intel for infringement of U.S. Patent Nos. 7,523,373 (the “’373 patent”) and U.S. Patent No. 7,725,759 (the “’759 patent”). After a jury trial in 2021, VLSI was awarded $1.5 billion for literal infringement of the ’373 patent and an additional $675 million for infringement of the ’759 patent under the doctrine of equivalents.

Licensing 147
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We all Remember the Iconic Photo of the Last Spike, but Who was the Photographer?

Hugh Stephens Blog

Photo by author: Revelstoke Railway Museum A lot of discussion recently has revolved around AI technology and its impact on artistic, musical, and literary creators. This is an evolving and important issue. However, for this week’s blog, I am going to go back to an earlier technology, photography, and look at its connection to creativity … Continue reading "We all Remember the Iconic Photo of the Last Spike, but Who was the Photographer?

Music 130
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#1 Tip When Applying For Trademark Registration

Erik K Pelton

The following is an edited transcript of my video #1 Tip When Applying For Trademark Registration Of all of these tips that I’ve given—probably hundreds over the years—there’s one that is far and away the most important when applying for trademark registration. And it’s simple. Even though I give away so much advice about trademark applications, office actions, and the registration process, the number one tip is to work with a trademark attorney.

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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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Printed Minis and the Power of the Copyright Claims Board

Plagiarism Today

In September, Games Workshop filed 12 claims against a user offering copied 3D models online. Now the user is finally shutting down. The post Printed Minis and the Power of the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 247
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Identifying Protocols by Name May Disclose Sufficient Structure for Computer-Implemented Means-Plus-Function Limitations

Intellectual Property Law Blog

In Sisvel International S.A. v. Sierra Wireless, Inc. et al. , Nos. 22-1493, 22-1547 (Fed. Cir. 2023) , Sierra Wireless challenged claims 1-10 of Sisvel’s U.S. Patent No. 6,529,561 (“the ’561 patent”) in an inter partes review. The Patent Trial and Appeal Board’s final written decision found claims 1-3 and 9 unpatentable, but upheld the patentability of claims 4-8 and 10.

Art 147

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Trademark Stories to Watch in 2024

Erik K Pelton

What does 2024 have in store for the world of trademarks? Erik discusses several topics he will be following in this podcast. The post Trademark Stories to Watch in 2024 appeared first on Erik M Pelton & Associates, PLLC. What does 2024 have in store for the world of trademarks? Erik discusses several topics he will be following in this podcast.

Trademark 130
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Harvard Releases Details of Claudine Gay Investigation

Plagiarism Today

Harvard has published details of its investigation of former president Claudine Gay. Here's what the school did and the one misstep it made. The post Harvard Releases Details of Claudine Gay Investigation appeared first on Plagiarism Today.

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IPKat Book of the Year Awards 2023 winners announced!

The IPKat

Thank you to readers who voted for the IPKat book of the year awards 2023! Despite the change in application process, this year was our most popular awards since its inception six years ago. Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. • Patent Portfolio Management, A Practical Guide, by Ho Frattasi. • European Patent Law: The Unified Patent Cou

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The Ibrunitib Saga: DHC Restrains Generic Competitors, but What about Public Interest?

SpicyIP

The Ibrutinib Patent Dispute Adding another chapter to the long-standing legal dispute concerning the Leukaemia medication Imbruvica (API Ibrutinib), the Delhi High Court on December 21, 2023, upheld the IPAB order setting aside the post-grant rejection of the Ibrutinib patent. The Court also restrained Natco Pharma, Hetero, BDR Pharma, Shilpa Medicare, Alkem, and Laurus Labs from manufacturing and marketing the generic versions of Imbruvica.

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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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Artificial Intelligence Law - Intellectual Property Protection for your voice?

JD Supra Law

With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of publicity refers to an individual's right to control and profit from their own name, image, likeness, or voice.

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Examining the Palworld Plagiarism Controversy

Plagiarism Today

Palworld is the breakout video game of early 2024. However, it's drawn controversy over allegations of plagiarism and AI generation. The post Examining the Palworld Plagiarism Controversy appeared first on Plagiarism Today.

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Richard Prince “New Portraits” Show Was a Big Fair Use Error

The Illusion of More

Yesterday, New York federal judge Sidney Stein ruled that Richard Prince, one of the most famous appropriation artists in the world, infringed the copyright rights of photographers Donald Graham and Eric McNatt by using their works in the controversial “New Portraits” series. Prince and his co-defendant, gallery owner Lawrence Gagosian, are ordered to pay Graham […] The post Richard Prince “New Portraits” Show Was a Big Fair Use Error appeared first on The Illusion of More.

Fair Use 126
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EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

Kluwer Copyright Blog

Photo by Possessed Photography on Unsplash New year’s fatigue? Or possibly AI fatigue? But the new year has only just begun! It does seem like the topic of AI and copyright was everywhere in the copyright world last year. While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different.

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New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

JD Supra Law

On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research and deployment company were named as defendants in a copyright infringement lawsuit filed by The New York Times (the “Times”) in the United States District Court for the Southern District of New York, New York Times Company v.

Fair Use 127
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3 Count: Fan Art

Plagiarism Today

Kat Von D takes the stand in tattoo trial, publishers respond to Anthropic and beIN gets more domains banned in France. The post 3 Count: Fan Art appeared first on Plagiarism Today.

Art 235
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Coalition of Academics Sends Letter Opposing Biden Administration’s March-In Rights Proposal

IP Watchdog

Today, a letter signed by a coalition of top academics opposing the Biden Administration’s efforts to exercise march-in rights under the Bayh-Dole Act of 1980 was sent to the White House. Signed by academics in fields including law, economic policy and sciences, the letter warns the Biden Administration that its efforts to drive down drug pricing by seizing patent rights will “undermine fundamental principles that have made the American IP system the golden standard for supporting domestic innov

Invention 123
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BREAKING: Google Settles Before Closings In Trial Over $1.6B AI Patent Claim

IP Law 360

Just before closing arguments in a Boston trial, Google said it had settled Massachusetts startup Singular Computing's $1.6 billion patent infringement case claiming the search giant stole its technology to boost its artificial intelligence products.

Patent 113
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The Value of IP: From Start-up to IPO

JD Supra Law

In a recent blog summarizing an extensive study from the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO), we discussed just how impactful intellectual property (IP) rights, such as patents and trademarks, can be in securing funding for start-ups. Although other factors undoubtedly contribute to start-up success, the study highlights clear benefits for both start-ups and investors who consider registered IP rights at an early stage.

IP 121
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3 Count: Tattoo Trial

Plagiarism Today

Trial in Kat Von D tattoo case begins, Uniqlo sues Shein in Japan and Palworld modders earn Nintendo's wrath. The post 3 Count: Tattoo Trial appeared first on Plagiarism Today.

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Witnesses Clash Over Potential Pros and Cons of PERA in Senate IP Subcommittee Hearing

IP Watchdog

The Senate Judiciary Committee’s Subcommittee on Intellectual Property today held a hearing featuring eight witnesses who testified about the need to restore certainty to U.S. patent eligibility law. Most, but not all, agreed such a need exists and urged quick passage of the Patent Eligibility Restoration Act of 2023 (PERA). Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced PERA in June of last year.

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Facilitating Efficient and Effective Copyright Licensing for AI

Copyright Alliance

AI models have an almost insatiable appetite for content. To date, the vast majority of training content, whether books or blogs or songs or images, has been scraped from the web […] The post Facilitating Efficient and Effective Copyright Licensing for AI appeared first on Copyright Alliance.

Licensing 113
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Eye on IPRs, January 2024: Intel Damages Go to Retrial after PTAB Win, Pushback on IPR Changes, and More

JD Supra Law

Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: After IPR victory, Intel wins appeal on $2.2 billion patent award - Bloomberg Law reports on the U.S. Court of Appeals for the Federal Circuit wiping out “one of the largest patent verdicts in U.S. history”: $2.2 billion awarded against Intel Corp. in an infringement suit regarding two patents related to semiconductor chip technology owned by VLSI.

Reporting 116
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Video: What is Next for Claudine Gay, Neri Oxman and Academia?

Plagiarism Today

I've returned to my YouTube channel and my latest video takes a look at the future for Claudine Gay, Neri Oxman and academia as a whole. The post Video: What is Next for Claudine Gay, Neri Oxman and Academia? appeared first on Plagiarism Today.

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‘Canada is a Video Piracy Hotspot While Brazil Sees Piracy in Decline’

TorrentFreak

Last week, new data published by piracy tracking firm MUSO and consulting firm Kearney showed that video piracy is growing globally. With over 141 billion annual visits worldwide, there’s a massive audience outside of legal channels. The full report was yet to be made available at the time of our initial report. While that doesn’t change any of the overall conclusions, there are some extra details worth highlighting.

Reporting 112
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IP Scholarship, Citations, and Knowledge Governance: Some Insights from the History of IP Teaching in India

SpicyIP

Source – From Flickr’s Kevin Lim “Are Some Scholars More Equal than Others?,” a question that Prof. Basheer raised in his 2018 post on the Politics of Patent Citation. While the question made sense ever since I read the post, it started making more sense (and bothering me more) after working on the SpicyIP Open IP Syllabus where I witnessed a relative “over-accessibility” of US-European IPR scholarship.

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USPTO Says Wands Still Controls Enablement Analysis Post-Amgen

JD Supra Law

On January 9, 2024, the USPTO published guidelines for its patent examiners when evaluating compliance with the enablement requirement in light of the U.S. Supreme Court’s recent decision in Amgen Inc. et al. v. Sanofi et al., 143 S. Ct. 1243 (2023). In Amgen, the Supreme Court unanimously held that claims drawn to a genus of monoclonal antibodies, which were functionally claimed, were invalid due to a lack of enablement.

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3 Count: Late Christmas

Plagiarism Today

Mariah Carey responds to "All I Want for Christmas is You" lawsuit, manipulated tracks plague streaming platforms and more. The post 3 Count: Late Christmas appeared first on Plagiarism Today.

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CAFC Denies APPLE JAZZ Mark Owner’s Mandamus Bid But Tells TTAB it Expects Cancellation Decision ‘Promptly’

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Charles Bertini’s petition for a writ of mandamus asking the court to order the U.S. Patent and Trademark Office (USPTO) to decide his trademark cancellation case against Apple, Inc. According to Bertini, the cancellation case has been in limbo at the Trademark Trial and Appeal Board (TTAB) for more than three years, “despite [the TTAB’s] policy and frequent public statements by top USPTO officials that it decides cases after

Trademark 110
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SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (January 08 – April 30) [Register by February 29]

SpicyIP

We’re pleased to inform you that a free online course on intellectual property starting on January 08, 2023 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Associate Professor of Law, in charge of the SPRIHA IPR Chair at National Law University, Delhi. For further details, please see the announcement below: Image from here Join SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi About the Course The course is launched on the SWAYAM platform by the

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Words Matter: ‘Said’ or ‘The’ in Claim Refers Back to Initial Phrase, Even If Multiple Elements

JD Supra Law

In Infernal Technology, LLC v. Activision Blizzard Inc., the U.S. Court of Appeals for the Federal Circuit reaffirmed the long-standing principle that in grammatical terms, use of “said” or “the” in a claim are anaphoric phrases, referring to the initial antecedent phrase, even when the initial phrase refers to one or more elements.

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3 Count: Time Limited

Plagiarism Today

SCOTUS grants Solicitor General's amicus request, ACE shuts down sports piracy ring and two women sued for newspaper piracy in South Africa. The post 3 Count: Time Limited appeared first on Plagiarism Today.

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Supreme Court Skips Case on Individual Liability for Willful Trademark Infringement

IP Watchdog

The U.S. Supreme Court today denied certiorari to Diamond J Wholesale, LLC, who petitioned the Court in December 2023 to clarify how individual liability for willful trademark infringement by a corporation should be assessed. The U.S. Court of Appeals for the Eleventh Circuit in August 2023 backed a Georgia district court’s finding that Diamond and its owner, Raj Solomon, willfully infringed trademarks owned by Top Tobacco, L.P., Republic Technologies (NA), LLC, and Republic Tobacco, L.P.

Trademark 110
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IP finance for IP owners

Olartemoure Blog

If you own IP in Colombia or abroad and are seeking financing and cash for your projects or company, this article is for you. Intellectual property (IP) is an increasingly important asset for businesses in today’s knowledge-based economy. IP assets, such as patents, trademarks, and copyrights, can be used to generate revenue, enhance brand value, and protect against competition.

IP 105
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Avery Dennison Patent Sanctions Cut To $5.2M On Remand

IP Law 360

A federal magistrate judge in Oregon said Avery Dennison Corp. owes sanctions for misconduct during discovery in Adasa Inc.'s infringement suit over a patent on radio frequency identification tags in the amount of $5.2 million, a reduction from an earlier sanctions award of $20 million.

Patent 103