Mon.Mar 25, 2024

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3 Count: ELVIS Impersonation

Plagiarism Today

Tennessee passes ELVIS Act, Spanish judge blocks 8 million Telegram users and Universal settles copyright termination dispute. The post 3 Count: ELVIS Impersonation appeared first on Plagiarism Today.

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Trademark Lessons from a Swiftie

Erik K Pelton

The following is an edited transcript of my video Trademark Lessons from Taylor Swift The Eras Tour. Have you seen The Eras Tour, live or on video? It is a tremendous show and performance. I found five takeaways for brand owners. Many elements go into making something great. Great songs, great voice, great connection with the audience, great charisma, great performance, great production—a lot of elements that go into it.

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Plagiarism and the Retired Minister

Plagiarism Today

A recent New York Times advice column looked at a plagiarism story involving a retired minister. Here's what the response missed. The post Plagiarism and the Retired Minister appeared first on Plagiarism Today.

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Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive

TorrentFreak

The Internet Archive (IA) is a non-profit organization that aims to preserve digital history for generations to come. The digital library is a staunch supporter of a free and open Internet and began meticulously archiving the web over a quarter century ago. In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books.

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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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Patent Poetry: Patent and Trademark Offices Publish Study on NFT IP Issues

JD Supra Law

The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). The Report was created in response to a June 2022 request from Senators Patrick Leahy (D-VT) and Thom Tillis (R-N.C.) to undertake a study.

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‘IP Rights’ is the National High School Debate Topic for 2024-2025

IP Watchdog

After a year-long process involving 38 state organizations and dozens of individual representatives, IP rights has been selected as the topic for the 2024-2025 debate competition by The National Federation of State High School Associations (NFHS). “Should the U.S. strengthen intellectual property rights” was chosen over “Nuclear Weapons Reduction” by a 25-17 vote in the final balloting process.

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More Trending

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Human Voice Gaining Protection in Confronting Generative AI

The Illusion of More

Last week, Tennessee passed the ELVIS Act to expand its statutory right of publicity (ROP) law to include voice as a protected aspect of an individual’s “likeness.” In response to artificial intelligence enabling more precise replication of specific, human sounding voices, it is little surprise that the music powerhouse state has taken swift action to […] The post Human Voice Gaining Protection in Confronting Generative AI appeared first on The Illusion of More.

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The Challenges of Generative Artificial Intelligence and US Copyright Law

JD Supra Law

In 2010, while I was attending my computer information systems class as a freshman at Arizona State University, my professor introduced me to the concept of Moore’s Law - the observation that the number of transistors on an integrated circuit will double every two years with minimal rise in cost. It was my first time really digesting how fast technology moves in an academic sense.

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Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Technology & Marketing Law Blog

Self-proclaimed free-speech absolutist Elon Musk is notoriously thin-skinned when it comes to criticism directed at him. (As the phrase goes, “ he can dish it out, but he can’t take it “). This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. Judge Breyer of the Northern District of California had none of it.

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The Obviousness Hurdle

Patently-O

by Dennis Crouch The U.S. Supreme Court is weighing whether to grant certiorari in Vanda Pharmaceuticals v. Teva Pharmaceuticals. I have been closely watching this obviousness case that could have significant implications beyond the pharmaceutical industry. The following essay provides an overview of the key legal issues at stake and introduces Teva’s recent briefing.

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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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[Guest post] Works of applied art – the difference between design and copyright law

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the German Federal Supreme Court’s recent referral to the Court of Justice of the European Union (CJEU) for a preliminary ruling pursuant to Article 267 TFEU concerning the interpretation of Directive 2001/29/EC in the USM Haller case (C-795/23) [IPKat here ].

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[Event] Pharma & Biotech Patent Litigation Conference in Europe - May 29th - 30th, Amsterdam, Netherlands

JD Supra Law

Hosted by C5 Group, the 17th Annual Forum on Pharma & Biotech Patent Litigation in Europe returns for another exciting year with curated programming that will provide up-to-the-minute information and strategic insights on utilizing this new patent system and optimizing your IP.

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Law School Casebook Review: Patent Law Fundamentals (Brean & Snow) 2d Ed

Patently-O

By David Hricik, Mercer Law School I realize most readers aren’t law professors, so you can stop now… I have taught IP courses for years and often the books seek to teach the subject through cases, which is a very difficult way to learn it. This book — Patent Law: Fundamentals of Doctrine and Policy (Carolina Academic Press) — does a great job of using cases to illustrate key points, but often provides descriptive text and problems, and does so in a practical and concise

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USPTO Issues Training Materials to Examiners for Searching FDA and NIH Resources

JD Supra Law

On March 20, 2024, The USPTO issued an alert, notifying practitioners that the USPTO had developed training materials for patent examiners regarding searching for prior art in FDA and NIH databases.

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5th Circuit allows image-based tobacco warnings in barest nod to consistency on compelled commercial speech

43(B)log

R J Reynolds Tobacco Co. v. Food & Drug Admin., 2024 WL 1208111, F.4th -, No. 23-40076 (5 th Cir. Mar. 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! The Fifth Circuit upholds mandatory cigarette warnings as acceptable compelled commercial speech under Zauderer , reversing the district court’s 2022 decision.

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eDiscovery and ANDA Litigation: Unique Timelines, Processes, and Workflows

JD Supra Law

ANDA litigation is a high-stakes niche of pharmaceutical law that presents unique challenges not only for lawyers, but also for eDiscovery practitioners. Here’s why: under the Drug Price Competition and Patent Term Restoration Act (also known as the Hatch-Waxman Act), generic drug manufacturers can file an Amended New Drug Application (ANDA) to produce a patented drug, triggering an infringement provision.

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TTABlog Test: Are Pizza and Bakery Goods Related Under Section 2(d)?

The TTABlog

The USPTO refused to register the mark HIGH FIVE for “Pizza for consumption on or off the premises," finding confusion likely with the identical mark registered for "bakery goods." The issue baked down to whether the goods are related for Section 2(d) purposes. Applicant Pizza Inn argued that "something more" is required to prove relatedness when marks are used for food products and for restaurant services.

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Artificial Intelligence Presents Challenges for Intellectual Property Laws’ Focus on Human Creation

JD Supra Law

Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code to support software development.

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PacBio CEO's Words Haunt Patent Invalidity Arguments

IP Law 360

A California federal judge concluded Monday that statements made by the chief executive officer of biotech company Pacific Biosciences to investors at an earnings call undermined the company's invalidity arguments in a patent suit it's facing.

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Non-Lab Diagnostics: Consumer And User Agreements

JD Supra Law

The advent of the COVID-19 rapid antigen test launched at-home diagnostics to the forefront of conversation in the life sciences industry. Many believe this is only the beginning. As the share of telehealth services increases, drawing interest away from traditional health care services models, startups and established companies alike are positioning themselves to take advantage of the growing market for technologies and products that enable non-lab-based diagnostics capable of being purchased.

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FTC Intervenes In Teva-Amneal Row To Push Patent Delisting

IP Law 360

The Federal Trade Commission waded into another patent fight Friday with a New Jersey federal court amicus brief targeting the same Teva Pharmaceuticals asthma inhaler patents it has already included in a roster of over 100 it believes were improperly listed in a key federal database.

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New Developments Help Clarify Intersection of Patent Law and Artificial Intelligence

JD Supra Law

Two recent developments, one in the U.S. and one in the U.K., have shed further light on the intersection of patent law and artificial intelligence (AI), particularly with respect to whether AI-generated inventions can be patented.

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Edwards Can't Get Fed. Circ. To Narrow Patent Safe Harbor

IP Law 360

A California federal judge rightly dismissed Edwards Lifesciences Corp.'s infringement suit against Meril Life Sciences Pvt. Ltd., the Federal Circuit held Monday, with a dissent arguing such a holding would "create future mischief.

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With a Focus on Intellectual Property, NDCA Launches Its Own Whistleblower Pilot Program

JD Supra Law

On March 14, 2024, the United States Attorney's Office for the Northern District of California ("NDCA") revealed details of its new whistleblower pilot program ("NDCA Program").

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Lourie Dissents from CAFC View that Heart Valve Transport was Not Infringing

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today held in a precedential split decision authored by Judge Stoll that the safe harbor provision of 35 U.S.C.§ 271(e)(1) applied to Meril Life Sciences’ importation of two demonstration samples of its transcatheter heart valves to a medical conference. Judge Lourie dissented, explaining that both the district court and the Federal Circuit have erred in interpreting the statute, specifically by failing to adequately consider the word “sol

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The EU AI Act – Why Companies All Over the World Should Be Preparing: A Conversation with Hanane Fathi Roswall

JD Supra Law

In this episode of the Knobbe IP+ podcast, Knobbe Martens partner Mauricio A. Uribe speaks with European Patent Attorney and Ph. D. Hanane Fathi Roswall on the recently adopted EU AI Act. Similar to the EU GDPR, the EU AI Act will soon begin entry into force and has the potential to affect companies on a worldwide basis. Mauricio and Hanane explore the current state of the EU AI Act and the specifics of the regulatory impact on companies.

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Achieving the SDGs is an all-hands-on-deck affair and requires strong partnerships

WIPO Magazine

How can strong partnerships drive progress towards the Sustainable Development Goals? From eradicating poverty to advancing gender equality and innovation, Edward Kwakwa shines a spotlight on how WIPO collaborates across sectors.

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What’s Trending in Trademarks, March 2024: Chanel Reseller Found Liable for Trademark Infringement, False Advertising; Federal Circuit Rejects TTAB’s Likelihood of Confusion Analysis

JD Supra Law

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Chanel Wins $4 Million Trademark Infringement Verdict Against Reseller - A federal jury awarded international fashion giant Chanel $4 million in statutory damages last month after finding a reseller liable for trademark infringement, false association, selling counterfeit goods, and.

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Patent Data Show One-Third of Inventions Relate to the SDGs

WIPO Magazine

Christopher Harrison introduces a new WIPO patent analytics report showing the impact of intellectual property in advancing global sustainability efforts. Using technical information in patent data seldom published elsewhere to map the intersections between patents and the UN Sustainable Development Goals reveals robust relations and emerging connections.

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USPTO Critical Guidance on 35 Usc § 112(F): Implications for Patent Applicants and Practitioners

JD Supra Law

The US Patent and Trademark Office (USPTO) this week issued a memorandum related to guidelines for examining patent claims with means-plus-function and step-plus-function limitations under 35 USC § 112(f). The memorandum primarily serves as a reinforcement and clarification of existing practices rather than introducing new legal standards regarding 35 USC § 112(f).

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Nigerian Author Sparks Creativity Among Young Creators

WIPO Magazine

Having successfully published her first novel at the age of 21, Nigerian author Chidera Okolie aims to foster a culture of creativity among aspiring young writers in her country. Learn about Okolie's journey and her efforts to nurture Nigeria’s next generation of creatives.

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PTAB Proposes Permanent MTA Pilot Program Rules

JD Supra Law

On March 4, 2024, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) regarding Motion To Amend (“MTA”) Practice and Procedures in Trial Proceedings under the America Invents Act (“AIA”) before the PTAB. The USPTO proposes to revise its rules of practice to permanently incorporate the MTA Pilot Program.

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SpicyIP Weekly Review (March 18- March 24)

SpicyIP

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week A Patent System’s Job is to Incentivize More Innovation, Not Merely More Patents: Looking at the New Patent (Amendment) Rules- Part I Image: Sketchplanations In this two part post on the

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A Legal Primer on Artificial Intelligence and Intellectual Property

JD Supra Law

On November 30, 2022, OpenAI captured the world’s attention when it introduced version 3.5 of its ChatGPT service. What began as cocktail hour conversations and funny experiments quickly made its way into boardrooms and budgets. Goldman Sachs reported AI investment was forecast to approach $200 billion globally by 2025, and 47% of top technology officers (e.g.

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Something In The Way Of Nirvana Logo Trial, Judge Told

IP Law 360

Counsel for a former record company employee who claims he created Nirvana's "smiley face" logo urged a California federal judge Monday to let him immediately appeal a ruling denying his ownership claim, and argued the band's copyright suit against designer Marc Jacobs over the logo should be delayed in the meanwhile.