Fri.Oct 25, 2024

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When Antisemitism No Longer Shocks

Michael Geist

Last week, Green College, an interdisciplinary graduate college on the campus of the University of British Columbia in Vancouver, hosted a medieval workshop titled The Writing of Ancient Christianity in Late Antiquity and the Middle Ages. As the title would suggest, the workshop was highly specialized and of limited interest to anyone outside of the scholarly field.

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Copyright Office Denies Proposed AI Security Research Exemption in Triennial Rulemaking Under DMCA

IP Watchdog

The U.S. Copyright Office today issued its final rule adopting exemptions under the Digital Millennium Copyright Act (DMCA), which prohibits circumvention of technological protection measures (TPMs) that control access to copyrighted works. The Office engages in such rulemaking every three years. This is the ninth triennial Section 1201 rulemaking since passage of the DMCA in 1998.

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PTAB Rule Permits Solo Representation and Automatic Pro Hac Vice Admission

JD Supra Law

On October 10, 2024, the USPTO issued a final rule allowing parties to proceed without backup counsel in AIA proceedings and implementing an automatic admission process for pro hac vice attorneys. Full text of the final rule can be found here. The new regulations are intended to improve access to the PTAB and streamline existing processes. Expanding Opportunities to Appear Before the Patent Trial and Appeal Board, 89 Fed.

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Piracy Warning For Russian Cinemas as Legal Streaming Revenues Skyrocket

TorrentFreak

With war still raging in Ukraine, writing about the collateral damage to Russia’s cinema industry seems vanishingly unimportant. When Disney, Warner Bros., Sony Pictures, Paramount, and Universal left the Russian market, some celebrated their exit as a positive for local cinema. Opportunities for local filmmakers would appear in greater numbers than ever before, some assured, and the entire ecosystem would only thrive without unwanted Western influence.

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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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Doctrine of Equivalents: Expert Testimony Must Include Particularized Links

Patently-O

by Dennis Crouch Throughout its 40-year history, the Federal Circuit has been largely negative toward the doctrine of equivalents (and exceedingly negative toward the reverse DOE). This negativity includes repeatedly taking decisions out of the jury’s hands based upon insufficient evidence of equivalency. In a new decision, a 2-1 majority continues this trend, holding that conclusory expert testimony is insufficient even for relatively simple technologies.

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BREAKING: Masimo Beats Most Apple Claims In Smart Watch IP Trial

IP Law 360

Healthcare tech company Masimo Corp. beat all but three of 16 Apple Inc. Apple Watch patent claims Friday at the close of a five-day jury trial that put more prestige and bragging rights than cash on the line.

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More Trending

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Judge Wants More Clarity About Alex Jones Ch. 7 Asset Sales

IP Law 360

A Texas bankruptcy judge deferred ruling on a motion from the Chapter 7 trustee in the bankruptcy of right-wing media fabulist Alex Jones to conduct sales of certain of the estate's assets, saying he wants to know whether the parties to the case anticipate future litigation on the trustee's ability to sell the assets.

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German Regional Court (Landgericht) of Hamburg paves the way to treat the reproduction of works as AI training data under the EU text and data mining exceptions

Kluwer Copyright Blog

Image from pixabay The German Regional Court (Landgericht) of Hamburg handed down its judgment in the LAION case on 27 September 2024 (file no. 310 O 227/23, published in German here ). The key points of the decision are as follows: The reproduction of works for the purpose of creating URL lists that can be used for artificial intelligence training does not fall under the temporary reproduction exception under Section 44a German Copyright Act (Art. 5(1) EU InfoSoc Directive 2001/29 [InfoSoc Dire

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Accord Biopharma Announces FDA Approval of IMULDOSA (ustekinumab-srlf)

JD Supra Law

​​​​​​​On October 14, 2024, Accord BioPharma, Inc. announced that the FDA has approved IMULDOSA (ustekinumab-srlf), a biosimilar to Johnson & Johnson’s STELARA (ustekinumab), indicated for the treatment of chronic inflammatory conditions, including psoriasis, psoriatic arthritis, Crohn’s disease, and ulcerative colitis.

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MVP: McKool Smith's Jennifer Truelove

IP Law 360

McKool Smith patent trial attorney Jennifer Truelove helped Netlist secure $445 million in patent infringement damages awards, and also assisted in getting a $192 million verdict against Samsung for Mojo Mobility and a $142 million award for another company, earning her a spot as one of the 2024 Law360 IP MVPs.

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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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What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800 Contacts in Keyword Ads Case

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: Third Time’s a Charm for OMG Girlz, with $71.5M Verdict - A jury in the U.S. District Court for the Southern District of California recently awarded $71.

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Other Barks & Bites for Friday, October 25: Microsoft CEO Asks for Changes in Copyright Law; Report Finds 22% Growth in Semiconductor Patent Filings; and Former OpenAI Employee Claims Company Breaks Copyright Law

IP Watchdog

This week in Other Barks & Bites: the USPTO is changing its approach to auditing trademark applications; the production company behind Blade Runner 2049 sues Tesla for AI-aided copyright infringement;a former OpenAI staffer publishes an essay accusing his former employer of breaking copyright law; and Microsoft’s CEO asks countries to change their copyright law.

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Artists’ Copyright Infringement Suit Against AI Companies Can Proceed

JD Supra Law

In 2023, visual artists Sarah Andersen, Kelly McKernan, and Karla Ortiz filed a class action lawsuit against several Artificial Intelligence (AI) companies, alleging that the companies’ various AI models violated copyright law by using the artists’ work in their training data sets.

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9th Circ. Backs 7-Year Sentence Over Chip Exports To China

IP Law 360

The Ninth Circuit on Friday upheld the seven-year prison sentence imposed on a former University of California, Los Angeles, electrical engineering professor convicted of illegally exporting high-powered semiconductor chips to China, saying the district court did not err in holding that the conduct amounted to an evasion of national security controls.

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[Audio] (Podcast) The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic

JD Supra Law

For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic. Scott Hervey and James Kachmar discuss this case and how marks become generic on this episode of The Briefing.

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Vidal Warned Of 'Heightened' Burden, 'Loophole' In Seed Fight

IP Law 360

Two new petitions in front of the U.S. Patent and Trademark Office director say the patent administrative board created "a heightened new standard" in one instance and a trade secrets "loophole" in another in order to protect patents covering purportedly novel corn seeds developed by a unit of DowDuPont spin-off Corteva.

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[Video] The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic

JD Supra Law

For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic. Scott Hervey and James Kachmar discuss this case and how marks become generic on this episode of The Briefing.

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Inari Wins Bid To Kill Plant Gene Patent At PTAB

IP Law 360

A Massachusetts-based plant breeding startup was able to show that a patent owned by a unit of a DowDuPont spin-off covering a plant gene resistant to weed killers wasn't patentable, the Patent Trial and Appeal Board has found.

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MGA Loses a Long-Fought Trademark Battle over Doll Designs and Trademark Reexamination and Expungement Procedure

CoCal IP Law Institute

MGA v. T.I. Decision There were big headlines last week when MGA Entertainment Inc. lost in a jury verdict to Grand Hustle LLC (and others) in a trade dress and/or name, image, and likeness rights of the OMG Girlz. But, no articles seem to really discuss the substance of the case in any degree. It [.

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OpenAI, Authors Battle Over Execs' Texts And Proof Of Harm

IP Law 360

California labor law doesn't shield OpenAI from producing CEO Sam Altman's and President Greg Brockman's texts and social media messages relevant to a copyright infringement lawsuit, authors alleging OpenAI and Microsoft illegally used their copyrighted works to train artificial intelligence program ChatGPT has told a New York federal judge.

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Ranking Legal 500

Olartemoure Blog

ranked band 1 – Intellectual Property – Life Sciences band 4 – Competition and Antitrust – Compliance and White-Collar Crime band 5 – TMT city focus band 1 – Cali – Medellín ranked individuals Hall of Fame Categories: Intellectual Property | Life Sciences Carlos R. Olarte Partner Leading Partners Categories : Intellectual Property | Competition and Antitrust Juan G.

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Copyright Head Touts Claims Board, AI Studies At Conference

IP Law 360

As Shira Perlmutter completes four years as the register of copyrights and director of the U.S. Copyright Office, she told attorneys Friday the agency dealt "with just a dizzying array of issues" — with artificial intelligence technology being ever present — but the Copyright Claims Board was one of her top accomplishments.

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Andean Community presented the list of appellations of origin

Olartemoure Blog

The designation of origin is a key concept in intellectual property. It refers to products whose quality, prestige or characteristics are totally or partially related to the geographical environment in which they are produced. Therefore, they take the name of the region from which they derive. On October 11, the General Secretary of the Andean Community released the first edition of the List of Designations of Origin of the Andean Community , which includes 52 products originating in the Andean

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Trina Solar Seeks Import Ban On Solar Cells That Infringe IP

IP Law 360

Trina Solar Co. Ltd. has advanced its campaign to ban competitors' solar products from the U.S., calling on the U.S. International Trade Commission to prohibit the import of Canadian Solar Inc. products that purportedly infringe its intellectual property.

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Guide on registration of special representatives

Olartemoure Blog

On September 6, 2024, the Superintendency of Personal Data Protection of Ecuador (“Superintendency”) issued its first guide on the registration of special representatives. This regulation requires foreign data controllers and processors that are not based in Ecuador to appoint a special representative domiciled in the country, when they meet the following conditions: They offer goods or services to residents in Ecuador.

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VLSI Urges Fed. Circ. To Punish OpenSky After Vidal Didn't

IP Law 360

U.S. Patent Trademark Office Director Kathi Vidal vowed to sanction OpenSky Industries "to the fullest extent of [her] power" for filing a bad faith patent challenge, but then imposed sanctions that, if anything, rewarded the misconduct, VLSI Technology has told the Federal Circuit.

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Cyber resilience act for digital products

Olartemoure Blog

On October 10th 2024, the Council of the European Union adopted the Cyber Resilience Act , establishing new cybersecurity requirements for digital products such as cameras, televisions, and connected toys. This law aims to ensure the safety of these products before they are marketed, covering their entire lifecycle and supply chain, and requiring the CE marking that certifies compliance with high safety standards.

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'Open AI' TM Owner Asks 9th Circ. To Nix Injunction

IP Law 360

A man accused by OpenAI of preventing the ChatGPT-maker from registering its name as a trademark urged the Ninth Circuit on Friday to vacate an injunction blocking him from using the "Open AI" mark while his case is pending, arguing he's the mark's senior holder and calling the injunction "extraordinary and unprecedented.

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New version of the Nice classification

Olartemoure Blog

As from January 1st, 2025, the 20th edition of the twelfth edition of the Nice Classification, which is available on the website of the World Intellectual Property Organization (WIPO), will enter into force. This update will apply to international applications received by the origin Office on or after January 1st, 2025, and to international applications received by the International Office of WIPO on or after January 01, 2025, when such applications have been received after the two-month period

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Jury Mostly Sides With Woodland Tools On False Ad Claims

IP Law 360

A Wisconsin federal jury has largely found in favor of gardening toolmaker Woodland Tools on allegations that competitor Fiskars Brands made false claims about the design origin and cutting power of Fiskars products including pruners and shears.

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Don’t bother, they’re here

Likelihood of Confusion

Originally posted 2013-01-08 13:57:37. Republished by Blog Post PromoterPresident Obama is suffering from the right-of-publicity blues again. And now maybe we understand why he wants an intellectual property anti-counterfeiting lawyer on the Supreme Court — this could rise to the level of an international incident already, Jack! A blog called Cloned In China explains it […] The post Don’t bother, they’re here appeared first on LIKELIHOOD OF CONFUSIONâ„¢.

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AI Researchers Lose Bid For DMCA Anti-Hacking Carveout

IP Law 360

Researchers who want to look into whether generative artificial intelligence was producing content that was discriminatory or explicit won't be exempt from a provision of the Digital Millennium Copyright Act that bars circumventing digital locks on copyrighted material, according to a new rule.

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TTABlog Test: Is This Word-and-Design Mark Confusable with PASION, Both for Cigars?

The TTABlog

The USPTO refused to register the composite word-and-design mark shown below, for cigars, finding confusion likely with the registered mark PASION for, inter alia , cigars. Applicant argued on appeal that it had prior use of its mark, that it sells its cigars in two Philadelphia stores and at its website whereas the registrant's cigars are sold in New York City and on its own website, that the websites feature different color schemes, that customers will exercise care in their purchasing decisio

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Pink Is Too Close To Purple, National Gypsum Judge Says

IP Law 360

Drywall manufacturer National Gypsum has convinced a Chicago federal judge that new shades of pink used by a company that makes shower wall niches broke the terms of an injunction that was issued after a jury sided with National Gypsum in a legal dispute over the use of the color purple in construction materials.

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Guest Post: Taylor’s Guitar

The Trichordist

Guest post by Charles J.

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