Fri.Apr 12, 2024

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Fed. Circ. Won't Revive Broadcom Unit's IP In Netflix Fight

IP Law 360

The Federal Circuit on Friday backed the Patent Trial and Appeal Board's holding that the vast majority of Broadcom unit Avago Technologies' patent directed to providing digital media services to users is invalid as obvious, based on a challenge from Netflix.

IP 98
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Google Delisted Thousands of ‘Music Piracy’ Domains in Response to UK Blocking Orders

TorrentFreak

For a long time, pirate site blocking was regarded as a topic most U.S. politicians would rather avoid. This remnant of the SOPA defeat drove copyright holders to focus on blocking efforts in other countries instead. Those challenging times are now more than a decade old, and momentum is shifting. After more than forty countries around the world instituted site-blocking measures, U.S. lawmakers may be more receptive to revisiting the topic.

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Hytera Says It'll Be A 'Shell' If 7th Circ. Doesn't End Sanctions

IP Law 360

China-based Hytera Communications has again asked the Seventh Circuit to pause a daily $1 million fine, worldwide product sales ban and other "crushing" sanctions an Illinois federal judge imposed for continuing a Chinese intellectual property suit against her orders, saying it will otherwise become "an empty corporate shell.

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Other Barks & Bites for Friday, April 12: Bill to Rein in GAI Introduced; Amazon Owes Tech Rival $525 Million for Patent Infringement; USPTO Issues Guidance on the Use of AI for Filings

IP Watchdog

This week in Other Barks & Bites: three advocacy groups call on President Biden’s administration to use federal law to license the production and cut the price of an expensive cancer drug; an Illinois jury rules that Amazon owes Kove IO $525 million in a patent infringement case; and Representative Adam Schiff (D-CA) introduces legislation to House that would require tech companies to disclose what copyrighted material they use to train their generative AI programs.

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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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'Much More Is Coming': Experts See Wave Of AI-Related Suits

IP Law 360

Legal experts speaking Friday at the University of California, Berkeley School of Law's symposium on artificial intelligence and evidence in civil litigation warned that broadening usage and increased regulation will lead to a wave of litigation over the technology, leaving courts to analyze the "black box" of corporate AI algorithms to determine liability.

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Propriété intellectuelle 101

JD Supra Law

Pour de nombreuses entreprises en démarrage et en expansion, la propriété intellectuelle (« PI ») est une composante cruciale de leur avantage concurrentiel et, par conséquent, est essentielle à leur succès global et à leur valeur. Le présent bulletin fait un survol des principales catégories de PI au Canada et donne un aperçu des pratiques exemplaires en matière de protection et de mise en valeur de la PI que les entreprises devraient appliquer et dont les investisseurs devraient tenir compte.

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Petition Denied for Lacking Section 112(f) Construction and Fintiv

JD Supra Law

On March 7, 2024, the PTAB denied institution in 10x Genomics, Inc. v. President and Fellows of Harvard College, IPR2023-01299, Paper 15 (PTAB Mar. 7, 2024) (“Decision”). The PTAB denied institution on two separate grounds: (1) the Petitioner, 10x Genomics, did not properly assert a Section 112(f) construction in the alternative in its Petition under 37 C.F.R. § 42.104(b)(3); and (2) the circumstances of a parallel U.S.

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Misconduct Doomed Dining Mat Patent Case, Fed. Circ. Rules

IP Law 360

The Federal Circuit on Friday upheld a decision that a maker of toddler dining mats torpedoed its patent case against a rival with "unconscionable" misconduct, and ordered a lower court to reconsider findings that the patent is invalid but not unenforceable.

Patent 59
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@CadeMetz @ceciliakang @sheeraf @stuartathompson @nicogrant: How Tech Giants Cut Corners to Harvest Data for A.I.

The Trichordist

The most important research into how AI is based on massive copyright infringement.

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Split PTAB Panel Upholds QinetiQ Fracking Patent

IP Law 360

A British defense contractor successfully fought off a legal challenge surrounding its patent covering a fracking device, in a ruling from the Patent Trial and Appeal Board that was split three ways over the matter.

Patent 59
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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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Lidl v. Tesco: Supermarket Wars in Court

IP Watchdog

Supermarkets compete aggressively for our custom. The entry of upstart discount supermarkets Lidl and Aldi into the market has created new pressures on the established brands, including Tesco— ironically, the original "pile it high and sell it cheap” operation. Supermarkets benchmark their prices against those charged by their competitors and offer loyal customers benefits, including, extremely attractive special offers when customers use their loyalty cards.

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Software Co. Hit With Patent Suit Over Data Tracker

IP Law 360

A software developer has accused a rival of infringing patents that allow businesses to track a website user's browsing data without using third-party cookies, costing the developer profits.

Patent 59
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Sanction for non-compliance with PTEE

Olartemoure Blog

The Colombian branch of a prestigious automotive company has incurred multiple fines, totaling 400 million Colombian pesos, imposed by the Superintendence of Companies. The reason behind this measure lies in its non-compliance with the Transparency and Business Ethics Program (PTEE). Resolution 2024-01-005951, issued on January 5, 2024, revealed that the company adopted the PTEE belatedly, violating the prescribed deadline by a delay of 17 months.

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Jury Says 3D Printing Firm Owes $17.3M For Infringing Patent

IP Law 360

A Delaware federal jury has ruled that 3D printing company Markforged infringed one of two claims in a patent owned by smaller competitor Continuous Composites over a machine for 3D printing, putting it on the hook for more than $17.3 million.

Patent 59
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Ericsson vs. Lenovo Colombian patent dispute

Olartemoure Blog

On April 4th, Civil Circuit Judge 10 of Bogotá decided on the reconsideration action filed by the plaintiff in the ongoing litigation between ERICSSON and LENOVO COLOMBIA. The remedy was filed against the previous decision of the Court in which it rejected the Preliminary Injunctions which sought, in general terms, the protection of the Intellectual Property rights over one of the Standard Essential Patents of 5G tecnology of the plaintiff.

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Fed. Circ.'s Competency Feud With Newman Turned Personal

IP Law 360

A year after the Federal Circuit publicly acknowledged its investigation into U.S. Circuit Judge Pauline Newman's mental and physical competency, the nonagenarian still refuses to follow the court's medical testing orders and remains determined to reclaim her seat on the bench.

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Customer Insights: Three Themes Guiding the Future of Open Access

Velocity of Content

Reflecting on the past month of industry conferences and customer roundtables, I feel energized and inspired by the work of publishers, particularly society publishers, to advance their commitment to open access (OA) in thoughtful measure. Although developments in artificial intelligence and research integrity—including but not limited to their intersections with OA—tend to dominate stakeholder discourse as of late (and for good reason), my colleagues and I observe many publishers sharpening

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Fed. Circ.'s Fight With Newman: A Year In Review

IP Law 360

One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.

Patent 52
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Infographic | Klimt’s art in legal IP battle

Olartemoure Blog

It’s impossible to think about a kiss, without thinking about “The Kiss”, Gustav Klimt’s art piece. This masterpiece, with its beautiful gold leaf patterns and tender embrace, immortalized passion on canvas. However, Klimt’s paintings were not only an expression of love and romance, but also part of legal battles for Intellectual Property. The woman in gold Klimt’s “Portrait of Adele Bloch-Bauer I” also known as “The Woman in Gold” was confiscated by the Nazis durin

Art 59
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'American-Made' May Include Foreign Parts, 10th Circ. Says

IP Law 360

A panel of the Tenth Circuit unanimously ruled Friday there's nothing legally problematic with foreign-made components being used in products advertised as "American-made," upholding a construction equipment maker's summary judgment win over its competitors' claims of false advertising, false designation of origin and copyright infringement.

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Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action

43(B)log

People v. Ashford University, LLC, 100 Cal.App.5th 485, 319 Cal.Rptr.3d 132, D080671 (Feb. 20, 2024) Defendants Zovio and Ashfort are the former owners and operators of an online university. The trial court found that for more than a decade, defendants violated the UCL and FAL by making false and misleading statements to prospective students for a total of 1,243,099 UCL and FAL violations.

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Moderna, Pfizer COVID Vax IP Suit Paused Amid PTAB Review

IP Law 360

A Massachusetts federal judge on Friday agreed to pause Moderna Inc.'s COVID-19 vaccine patent infringement suit against Pfizer Inc. and BioNTech until the Patent Trial and Appeal Board weighs in on a pair of patents, issuing a stay despite objections from Moderna.

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Block Innovation By Supporting the Generative AI Copyright Disclosure Act

TorrentFreak

In his 1962 book, Profiles of the Future: An Inquiry into the Limits of the Possible , science fiction writer Arthur C. Clarke noted that “any sufficiently advanced technology is indistinguishable from magic.” At the dawn of the 80s, when computers thrived on a single kilobyte of RAM, any enthusiast with access to Clarke’s book would’ve read his words, gazed at the 1,024 bytes of available RAM, and envisioned a galaxy of opportunity.

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Gilstrap Rejects Jury Instruction Tweaks In Samsung Retrial

IP Law 360

U.S. District Judge Rodney Gilstrap on Friday largely denied jury instruction requests made by both Samsung and G+ Communications ahead of a damages retrial in Texas federal court in litigation over wireless network patents, rejecting each company's ideas for limiting what's presented to jurors.

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The Design Law Treaty and the Struggle for International Harmonization of Industrial Design Protection

Patently-O

By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. For almost twenty years, member states of the World Intellectual Property Organization (WIPO) have been negotiating a Design Law Treaty (DLT) that would streamline and align procedural requirements for obtaining registered design rights across jurisdictions.

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Jane Street Says Millennium, Ex-Workers Stole Trade Secrets

IP Law 360

Trading firm Jane Street Group LLC sued rival Millennium Management LLC and two former employees in New York federal court Friday, alleging they stole a confidential trading strategy and have reaped "massive profits from this theft.

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Bridal Designer Seeks Conversion Of JLM Couture To Ch. 7

IP Law 360

A bridal dress designer engaged in litigation with bankrupt dressmaker JLM Couture asked a Delaware court Friday to convert the company's insolvency case to a Chapter 7 liquidation, saying the costs of that ongoing litigation will drain estate resources to the point it won't be able to pay for the bankruptcy case.

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ITC To Look Into Motorola's 5G IP Claims Against Ericsson

IP Law 360

Motorola is taking its 5G intellectual property battle with Ericsson to the U.S. International Trade Commission, with the agency agreeing to launch an investigation into Motorola's accusations of patent infringement against the Swedish company.

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Gas Co. Accuses Tech Partner Of 'Snake Oil Salesman' Tactics

IP Law 360

A Houston natural gas company asked a federal court Thursday to revoke a state settlement agreement between it and a partner who allegedly provided it with faulty monitoring equipment, calling the company a "modern-day snake oil salesman" that retaliated when it was "called on its failures.

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Mogul Aims To Trace Part Of Alleged $35M Hack Payout To Atty

IP Law 360

An airline mogul has doubled down on a bid to access the bank records of a North Carolina attorney and ex-FBI agent, saying those records will help "follow the money" to prove a large-scale hacking conspiracy against him that he claims involves a $35 million payout.

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Judge Pauline Newman's Year In Her Own Words

IP Law 360

April 14 marks the one-year anniversary of when the Federal Circuit confirmed an unprecedented investigation into whether U.S. Circuit Judge Pauline Newman was mentally and physically competent to remain on its bench, and the judge has not been allowed to hear cases during that time. Here is what she had to say about the investigation in an interview with Law360.

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Trade Groups Urge Senators To Advance Patent Reform Bills

IP Law 360

Groups representing inventors, startups and medical technology companies are putting pressure on U.S. senators to pass bills that would prospectively limit the ability of courts to throw out patent lawsuits, a month after tech industry groups argued the legislation would trigger an onslaught of patent litigation.

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HP Accused Of Infringing 'Wex' TM In Software-As-Service Biz

IP Law 360

HP was hit with a trademark infringement action in Maine federal court by global mobility solutions platform Wex Inc., which alleges that HP is launching a new software-as-a-service solutions platform under the infringing name, "Wex," causing confusion in the public.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This past week in London has seen footwear brand Dr Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim.

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US-based MSD Broke Ban On Using 'Merck' In UK, Court Finds

IP Law 360

U.S.-based Merck Sharp & Dohme LLC's use of the "Merck" name on websites and social media breached the terms of a court order barring it from using the name in the U.K. to protect German drugmaker Merck KGaA's rights, a London court ruled Friday.