Mon.Jun 24, 2024

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Two Hundred Years of Copyright History in Canada: What a Journey!

Hugh Stephens Blog

Image: Shutterstock (with AI assist) As we approach July 1, Canada Day, Canada’s 157th anniversary, it is worth reflecting on the history that shaped this wonderful if imperfect country of now 41 million. While not top of mind for everyone, part of that history relates to copyright! This year, 2024, marks a couple of milestones … Continue reading "Two Hundred Years of Copyright History in Canada: What a Journey!

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The Jamaal Bowman Plagiarism Scandal

Plagiarism Today

Representative Jamaal Bowman is facing a brutal primary campaign. Now, he's being accused of plagiarizing his 2019 dissertation. The post The Jamaal Bowman Plagiarism Scandal appeared first on Plagiarism Today.

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Roca rocked; Randazza revels

Likelihood of Confusion

Originally posted 2014-10-28 18:56:17. Republished by Blog Post PromoterYou may have already read the previous post, only from yesterday, about the Roca Labs v. PissedConsumer follies. If you have, great. If you haven’t… maybe you want to come back to it after you read this — in which our dashing hero, well… dashes some brains against […] The post Roca rocked; Randazza revels appeared first on LIKELIHOOD OF CONFUSION™.

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3 Count: Jetflicks

Plagiarism Today

Five people convicted for operating Jetflicks, Ye settles with Donna Sumer's estate and Warner Music sued over Tom Petty documentary. The post 3 Count: Jetflicks appeared first on Plagiarism Today.

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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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From Russia, with trademarks? Maintaining IP rights during wartime

The IPKat

After Russia launched its full-scale invasion of Ukraine in February 2022 , many brands announced that they would leave the Russian market. But a few years on, the companies are still facing questions about how to handle their intellectual property strategy. Who actually left? Image from Pixabay. If public announcements were to be believed, more than 1000 companies planned to leave Russia in 2022.

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Using Cease-And-Desist Letters To Stop Copyright Or Trademark Infringement

JD Supra Law

Cease-and-desist letters, often referred to as demand letters, are a valuable tool in defending your intellectual property rights, including copyrights and trademarks. Cease-And-Desist Letters For Copyright Or Trademark Infringement- If, while policing your intellectual property, you notice that your works have been infringed upon, generally the first step is to send a formal cease-and-desist letter.

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Delaware Court Denies Preliminary Injunction Seeking To Block Liquidia’s YUTREPIA Launch

JD Supra Law

The United States District Court for the District of Delaware recently denied United Therapeutics Corporation‘s motion for a preliminary injunction. The motion sought to prevent Liquidia Technologies, Inc. from launching its YUTREPIA, which is used to treat pulmonary hypertension associated with interstitial lung disease (PH-ILD). YUTREPIA is an inhaled dry power formulation of treprostinil delivered through a palm-sized inhalation device.

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IPTV Playlist Portal Survives DMCA Takedown From Warner Bros.

TorrentFreak

The M3U file format has been around for more than a quarter-century. In essence, it links to a streamable media file that can be loaded through media players. In the early days, it was predominantly used to stream Internet radio though Winamp and other media players. While the format is still used for that today, M3U files have enjoyed a resurgence as a video streaming tool in recent years.

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An Empirical Study of Low Allowance Rate Examiners

JD Supra Law

Any patent attorney who has been in the business for more than a few years understands from experience that some USPTO examiners are tougher than others. This should not be surprising, as each examiner is an individual who is applying their own experience and knowledge during the examination process, which inherently includes some degree of subjectivity.

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Key Copyright Decisions So Far and Cases to Watch in 2024

IP Watchdog

Courts have been busy with copyright cases in the first half of 2024. This article provides an overview of some of the key decisions issued in 2024, as well as important cases to watch in the remainder of the year.

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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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Update on John Hopkins and Merck Pembrolizumab Litigation

JD Supra Law

In a decision that issued last week, a Patent Trial and Appeal Board (“PTAB”) panel instituted inter partes review (“IPR”) of a petition filed by Merck Sharp & Dohme LLC (“Merck”) for a patent owned by The Johns Hopkins University (“Johns Hopkins”), U.S. Patent No. 11,591,393 (the ’393 patent).

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The Law Bytes Podcast, Episode 207: The State of Digital Law and Policy in Canada as Parliament Breaks for the Summer

Michael Geist

Parliament adjourned for the summer last week, meaning both the House of Commons and Senate are largely on hold until mid-September. The Law Bytes podcast focuses intensively on Canadian legislative and digital policy developments and with another Parliamentary year in the books, this week’s episode takes a look back and take stock of where things stand.

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Patent Poetry: Federal Circuit Issues Mixed Ruling on Blood Analyzer Trade Secrets

JD Supra Law

The Federal Circuit has affirmed in part and reversed in part a district court ruling on an alleged misappropriation of trade secrets for blood analysis technology.

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Pet Toy Maker Says It Never Inked Parent Co. Licensing Deal

IP Law 360

Pet toy maker Kong has told a Colorado federal judge that it never gave a parent company permission to use its trademark for a line of large animal toys, claiming in motions that the company used the Kong brand anyway and deleted social media accounts with evidence of the infringement.

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Road Mapping Leads to Dead End

JD Supra Law

On April 25, 2024, the PTAB denied Masimo Corporation’s (“Petitioner’s”) second petition for inter partes review (“IPR”) against U.S. Patent No. 10,076,257 (the “’257 patent”). Masimo Corp. v. Apple Inc., IPR2024-00071, Paper 7 (Apr. 25, 2024). Applying General Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 at 15–16 (PTAB Sept. 6, 2017), the PTAB concluded that (1) factors 1, 2, 6, and 7 were neutral or slightly in favor of denial, (2) factors 4 and 5 weighed in favor of.

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ITC Shouldn't Oversee Patent Disputes, Utah Law Prof Argues

IP Law 360

The U.S. International Trade Commission should no longer be in control of deciding when infringing imports are banned from the country, a prominent patent law academic at the University of Utah's S.J. Quinney College of Law says.

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AI News Roundup – Accelerated drug discovery, AI in the fashion industry, watermarking AI-generated speech, and more

JD Supra Law

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.

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Justices Will Weigh Liability Of Corporate Affiliates In TM Row

IP Law 360

The U.S. Supreme Court will review whether a real estate development company's corporate affiliates should be responsible for a $46.6 million trademark infringement judgment — even though they were not defendants — in a case attorneys said Monday could have ramifications beyond the Lanham Act.

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Supreme Court Grants Real Estate Company’s Trademark Petition Challenging Profits Award Based on Affiliates’ Earnings

IP Watchdog

On Monday, June 24, the U.S. Supreme Court granted the petition for writ of certiorari filed in Dewberry Group, Inc. v. Dewberry Engineers Inc., taking up an appeal of a profits disgorgement award affirmed by a panel majority in the U.S. Court of Appeals for the Fourth Circuit. The petition from Dewberry Group challenges the Fourth Circuit’s endorsement of an expansive disgorgement remedy that reached into profits earned by affiliates of the petitioner, who were not included as defendants in the

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Nixon Peabody Snags IP Litigator From Davis Wright In LA

IP Law 360

Nixon Peabody LLP continues to fortify its intellectual property practice with the addition of a former Davis Wright Tremaine LLP litigator, who joins as counsel in the firm's Los Angeles office.

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IPWatchdog Unleashed: Patent Monetization: Doing Business as an NPE

IP Watchdog

This week we venture into the world of patent monetization from the viewpoint of a patent owner and non-practicing entity. Our conversation is with Brad Close, a one-time patent prosecution attorney, one-time patent broker, and current patent owner engaged in patent monetization efforts, licensing and, of course, litigation. We start our conversation addressing life as an NPE, and the arguments that are often made against NPEs owning and enforcing patents.

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Bid To Undo $71M Christmas Tree Patent Verdict Rejected

IP Law 360

A Minnesota federal judge on Monday rejected a posttrial motion by Polygroup Ltd. seeking to overturn a $71.4 million judgment against it for infringing rival Willis Electric Co Ltd.'s artificial Christmas tree patent, saying the company failed to show that the verdict was against the clear weight of the evidence.

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What is a partial cancellation of a trademark registration?

Patent Trademark Blog

How do you prove that your trademark is not similar? One of the most common rejections of trademark applications is likelihood of confusion. While you have the right to argue against this Section 2(d) refusal, arguing is not always your best option. When a trademark registration is blocking your application, what if you could remove the obstacle by carving an opening?

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JPMorgan Should Save Data Sob Story For Feds, Argus Says

IP Law 360

TransUnion and its data unit Argus Information & Advisory Services have told a Delaware federal judge that they plan to seek dismissal of a JPMorgan Chase & Co. lawsuit tied to their recent $37 million settlement with the government over claims that Argus misused credit card data it was collecting from banks on regulators' behalf.

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Sitting By Designation, Judge Albright Pens First Federal Circuit Opinion Vacating PTAB Decision for Failing to Consider Petitioner’s Reply Brief Claim Construction Arguments

Patently-O

by Dennis Crouch The Federal Circuit’s 2023 decision in Axonics, Inc. v. Medtronic, Inc. marked an important change in inter partes review procedure, ensuring petitioners have an opportunity to respond patentee’s newly proposed arguments, with the hope of discouraging patent owners from holding-back (“sandbagging”) at the institution stage.

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Catching Up With Delaware's Chancery Court

IP Law 360

Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.

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As Good As New! – Refurbished Goods: Guidelines and Implications

Selvam & Selvam Blog

The Delhi High Court recently issued a significant judgment regarding the sale and rebranding of refurbished goods, particularly addressing disputes between Seagate Technology LLC and WD Technologies (“original manufacturers / plaintiffs”) against several Indian entities involved in the rebranding and sale of refurbished Hard Disk Drives (HDDs), including Daichi International and a few others (“refurbishers / defendants”).

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Research Co. Seeks Sanctions On Proud Boys Atty In IP Suit

IP Law 360

A Texas research firm pursuing copyright infringement claims against a group of defense attorneys who represented members of the Proud Boys wants one of the lawyers sanctioned for filing "a frivolous and groundless counterclaim" in the D.C. federal court litigation.

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AI Reporter - June 2024

JD Supra Law

In the entertainment industry, Sony Music asserted that AI companies don’t have permission to use its recording artists’ works for AI training. In response to the industry’s concerns over the use of AI, members of Congress may soon introduce a new act called the NO FAKES Act to protect artists against unauthorized digital replicas. In the U.K., lawmakers called for regulations that would require AI-generated music to be labeled and would protect creators from deepfakes, misappropriation, and.

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DC Circ. Backs Gov't Contractor Win In Fight With Ex-Worker

IP Law 360

The D.C. Circuit has backed a ruling that a former senior technical manager for government contractor Apprio Inc. breached a proprietary information agreement giving the rights of certain software he created over to the company.

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Recommended Reading: Fromer and McKenna, "Amazon's Quiet Overhaul of the Trademark System"

The TTABlog

Despite all the hoopla about the Supreme Court's rulings in Tam , Brunetti , and Elster , how much do those rulings affect the everyday practice of trademark law? One could argue that Amazon and its Brand Registry have had much more of an impact.As Professors Fromer and McKenna argue: " In combination, Amazon’s business model and Brand Registry have overhauled the American trademark system, and they have done so with very little public recognition of the consequences of Amazon’s business approac

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Flag Football Co. Fights To Keep TM Dispute Alive

IP Law 360

A simmering feud over the national leadership of flag football within the U.S. has intensified in Texas federal court, with the organization challenging the group holding itself out as the sport's governing body urging the judge to keep the dispute alive.

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Two-Time Grammy Winner, Intertrust CEO Talk IP, A.I. and Authentication – “Tracking Digital rights”

IP Close Up

Knowing which IP rights are being used, when and by whom helps to establish their value and return.

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Tailoring Compliance Before AI Walks The Runway

IP Law 360

Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

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Dewberry Group: Structuring the Firm to Avoid Trademark Liability

Patently-O

by Dennis Crouch The U.S. Supreme Court has granted certiorari in Dewberry Group, Inc. v. Dewberry Engineers Inc. , a trademark damages case focused on how corporate separateness principles apply to disgorgement remedies under the Lanham Act, 15 U.S.C. § 1117(a). The Fourth Circuit’s decision affirmed a $43 million disgorgement award against petitioner Dewberry Group (DG) for trademark infringement, an amount that included profits earned by DG’s “legally separate” corpora