Tue.May 02, 2023

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The Changing Landscape of AI and SEO

Plagiarism Today

Webmasters are turning to ChatGPT and other AI tools for a search engine boost. But what does Google say about AI writing? The post The Changing Landscape of AI and SEO appeared first on Plagiarism Today.

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ChatUSG: What Companies Doing Business with the Government Need to Know About Artificial Intelligence

Intellectual Property Law Blog

While you were asking ChatGPT to create a 3-course menu for the upcoming book club you’re hosting or to explain the Rule Against Perpetuities, several federal government agencies announced initiatives related to the use of artificial intelligence (AI) and automated systems, focusing on the potential threats stemming from the misuse of this powerful technology.

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3 Count: Criminal Testimony

Plagiarism Today

Ed Sheeran criticizes music expert, EU moves to regulate AI and Bethesda takes down their own marketing banner. The post 3 Count: Criminal Testimony appeared first on Plagiarism Today.

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CAFC Reverses Delaware Court on Question of Joint Inventorship

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC), in a precedential decision, today reversed a district court holding that an inventor should be added as a joint inventor for his contributions to a patent for methods of pre-cooking bacon and meat pieces. The CAFC said the inventor’s contribution did not satisfy the three-part test articulated in Pannu v.

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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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ISP Must Forward Warning Notice to eBook Pirate, Dutch Appeals Court Rules

TorrentFreak

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has been battling online piracy for almost a quarter of a century. The non-profit organization has shut down thousands of piracy sites since then, including former torrent giant Mininova and many other notable names. In recent years, BREIN has focused more heavily on deterring users as well.

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CGPDTM to Continue Daily Open House Sessions to address Grievances/Suggestions on IPR Issues

SpicyIP

Image from here Attention all intellectual property enthusiasts! On some exciting news on the transparency front, the Office of the Controller General of Patents, Designs and Trademarks has recently announced daily Open House sessions. These sessions began in October 2022 (see the December notice here ) and will now continue on a daily basis. The sessions will be held on a daily basis from 4.30 PM to 5.30 PM via WebEx.

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April 2023 Roundup of Copyright News

Copyright Alliance

In April, the copyright community celebrated World IP Day by recognizing the importance and legacies of women trailblazers in intellectual property. The U.S. Copyright Office also kicked off its first […] The post April 2023 Roundup of Copyright News appeared first on Copyright Alliance.

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Jazz Pharms., Inc. v. Avadel CNS Pharms. Xyrem® (Sodium Oxybate)

JD Supra Law

Case Name: Jazz Pharms., Inc. v. Avadel CNS Pharms., No. 2023-1186, 2023 WL 2198640 (Fed. Cir. Feb. 24, 2023) (Circuit Judges Lourie, Reyna, and Taranto presiding; Opinion by Lourie, J.) (Appeal from D. Del., Williams, J.) Drug Product and Patent(s)-in-Suit: Xyrem® (sodium oxybate); U.S. Patent No. 8,731,963 (“the ’963 patent”).

Patent 101
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Controlled Digital Lending is a Dubious Proposal in Every Sense

The Illusion of More

On March 24, the court in Hachette et al. v. Internet Archive wholly rejected IA’s fair use defense constructed on the theory called Controlled Digital Lending (CDL). Prior to and since that ruling, various parties have tried to characterize this case as an attack by the publishers against the core function of libraries, alleging that […] The post Controlled Digital Lending is a Dubious Proposal in Every Sense appeared first on The Illusion of More.

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Sports Sponsorship Agreements in the Digital Age

JD Supra Law

Technological advances and changes prompted by COVID-19 have driven an evolution in sports sponsorship agreements, from traditional advertising to a digital-heavy and more accessible sponsorship environment. But with those advances arise a series of emerging legal issues, including sponsor entitlements, new IP clearance requirements, and challenges raised by the metaverse.

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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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5 Questions for Linguamatics’ Jane Reed

Velocity of Content

If you’ve been following CCC’s Velocity of Content since its inception, you’ve likely come across a blog post (or several) from Jane Reed, Linguamatics’ head of life science strategy. As a long-time partner of CCC, we virtually sat down with Jane to discuss where Linguamatics has evolved from as a company, how they’re meeting customers’ ever-changing needs, and the biggest industry shakeups they’ve seen since partnering with CCC nearly a decade ago.

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Apple's Trademark Lawsuit vs Swatch

JD Supra Law

Apple recently filed a lawsuit against the Swatch company under the claim that Swatch is capitalizing on Apple's mark. Apple's Trademark Lawsuit vs Swatch for placing the phrase tick different on certain watches is similar to Apple's 1990 think different ad campaign.

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What are my rights in a mass termination?

Nelligan Law

Reading Time: < 1 minutes Understanding entitlements With many companies undergoing significant restructuring or downsizing, it’s important to understand the rights of employees who have been affected by a mass termination. Watch as Maya Fernandez joins CTV’s Ask the Expert to answer frequently asked questions about how to navigate this difficult time as an employee, and ensure that your legal rights are upheld.

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Pirate IPTV: 24 MEPs Demand Action From EC President Ursula von der Leyen

TorrentFreak

Pirate IPTV providers and streaming websites offering discounted or even free access to live sports broadcasts are controversial worldwide. Rightsholders say these illegal platforms threaten their business and need to be brought under control. In the European Union, pressure has been building on the European Commission to urgently address the problem, via new legislation if necessary, but responses thus far have left rightsholders underwhelmed.

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To encompass and embody: Applying the abstract principles of G 2/21

The IPKat

It is now some weeks since we received the EBA's decision in G 2/21 on the standard of evidence required for inventive step (often referred to as the "plausibility" referral). As previously summarised ( IPKat ), G 2/21 does not change the evidence standard for inventive step. Instead, the main contribution of G 2/21 is the introduction of an additionally nuanced test for assessing the disclosure standard for a purported technical effect.

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Stack Lights—Visual Management Done Easy

Christopher Roser

Stack lights are found everywhere in industry. And for a good reason. They are a quick and easy way to visualize the status of a machine, which otherwise would need some effort to see. They are—sort of—a mini-andon. While sometimes underappreciated, they do serve a valuable purpose in the factory, and they usually do a. Read more The post Stack Lights—Visual Management Done Easy first appeared on AllAboutLean.com.

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CJEU clarifies connecting factors and level of assessment for international jurisdiction of EU trade mark courts

The IPKat

Art. 125 EUTMR provides an elaborate cascade for international jurisdiction of the EU trade mark courts. The defendant must be sued: 1. In the EU Member State in which it is domiciled ( Art. 125(1) EUTMR ); 2. Absent a domicile in the EU, in the EU Member State where the defendant has an establishment ( Art. 125(1) EUTMR ); 3. Absent a domicile and an establishment of the defendant in the EU, in the EU Member State where the plaintiff is domiciled ( Art. 125(2) EUTMR ); 4.

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Peloton Buyers Lose Class Cert. Bid In False Ad Suit

IP Law 360

A New York federal judge on Tuesday rejected a class certification bid in a lawsuit accusing stationary bike giant Peloton Interactive Inc. of falsely advertising an "ever-growing" library of online fitness classes when numerous classes were about to be removed due to music copyright concerns.

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IPR infringement in yellow-and-blue logo: Lidl wins High Court dispute against Tesco

The IPKat

In a judgment issued a few days ago, the High Court of England and Wales (the Court) held that Tesco had infringed Lidl’s copyright, trade mark, and rights in passing off vesting in Lidl’s blue-and-yellow logo. However, the case was not completely successful for Lidl, since the Court also found that Lidl had registered its figurative wordless mark in bad faith.

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'Judge Shopping Ain't A Thing Here,' Ill. Judge Warns IP Atty

IP Law 360

An Illinois federal judge didn't mince words when he discovered Hughes Socol Piers Resnick & Dym Ltd. attorneys amended a trademark infringement suit before his court to drop hundreds of online retailer defendants and filed a new complaint to secure a more favorable restraining order bond ruling with a different judge, warning of "some pretty serious professional consequences" if it happened again.

IP 75
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"same" claim was literally false where probiotics had different strains and different profiles

43(B)log

ExeGi Pharma, LLC v. Brookfield Pharmaceuticals, LLC, F.Supp.3d -, 2023 WL 3142311, No. 20-CV-192-JPS (E.D. Wis. Mar. 21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. The court here resolves only the Lanham Act claims, partially in ExeGi’s favor. The parties compete in the market for probiotics. ExeGi sells Visbiome; Brookfield sells HPP as a food product.

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Biotech Co. Can't Ax Beefed Up IP Theft Claims Before Trial

IP Law 360

An Illinois federal judge explained his reasoning Monday for allowing a renewable energy company to bolster allegations that Danish biotech supplier Novozymes stole its ethanol-processing trade secrets worth tens of millions of dollars to share with its competitor, as the high-stakes case heads to an August jury trial.

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Pandemic art kit didn't infringe artist's rights

43(B)log

Keck v. Mix Creative Learning Center, LLC, No. 4:21-CV-00430, 2022 WL 19691177 (S.D. Tex. Dec. 19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; the plaintiff’s lawyer is Higbee, FWIW), but the trademark claim is so clearly Dastar -barred and parasitic on the copyright claims that it’s hard to object.

Art 59
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Stanford Urges High Court To Take 'Ideal' Patent Law Case

IP Law 360

Stanford University and licensee CareDx asked the U.S. Supreme Court on Monday to take up their infringement dispute against two life sciences companies over kidney transplant technology invalidated at the Federal Circuit, arguing the case is an "ideal vehicle" for clarifying federal patent law eligibility requirements.

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How to Stop Former Employees From Stealing Your Clients

JD Supra Law

Don’t just sit by and watch in alarm as a former employee, contractor, or competitor poaches your clients. Texas law protects valuable trade secrets from misuse and misappropriation – including client lists. These protections can give you legal grounds to defend your client information from exploitation by former employees or competitors. By: Hendershot Cowart P.C.

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Software Unfiltered: The Shifting Burdens in Computer Software Copyrightability

LexBlog IP

The Federal Circuit weighed in on the test, and burdens, for showing copyrightability of “nonliteral elements” of computer software in its SAS Inst. v. World Programming Ltd decision. [1] The Court affirmed a lower court ruling that SAS failed to establish copyrightability of its computer software’s claimed elements after World Programing Limited (“WPL”) successfully established that a substantial portion of the allegedly infringed elements are not protectable by co

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Federal Circuit’s Rule 36 Judgments Leave Everyone in the Dark

JD Supra Law

Federal Circuit Rule 36 has been criticized for leaving IP practitioners in the dark as it allows for the court to enter judgment of affirmance without the reasoned analysis of the Court. Generally, the Rule allows for a judgement of affirmance without opinion if one of the enumerated conditions is met and the opinion would not have precedential value.

IP 52
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The Future of AI Inventorship Following Denial of Stephen Thaler’s Petition

LexBlog IP

In his petition for certiorari, Stephen Thaler had asked the U.S. Supreme Court to reverse the Federal Circuit decision in which the court ruled that artificial intelligence (AI) could not be listed as the sole inventor. However, the Supreme Court has now denied Thaler’s petition, and it is now effectively up to Congress to act to promote any change on the issue.

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PTAB/USPTO Update - May 2023

JD Supra Law

On April 20, the USPTO announced an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input regarding potential PTAB reforms, including proposed changes to discretionary institution practices, petition word limits, and settlement practices for America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB).

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Deciphering the Recent FTC Trilogy of Blog Posts on Artificial Intelligence

LexBlog IP

Bringing law enforcement takes a lot of time – many, many months of investigation, analysis, negotiations and process must occur before an agency brings a law enforcement action. But blogs can get out the door far more quickly. And the Federal Trade Commission (FTC) has been blogging fast and furiously – one could say obsessively – about the hot topic of generative artificial intelligence (AI).

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Another Letter From Congress Complaining About Pharmaceutical Patents

JD Supra Law

On April 26, 2023, Senator Elizabeth Warren and Congresswoman Pramila Jayapal sent a letter to USPTO Director Kathi Vidal complaining about the USPTO’s failure “to address the pharmaceutical industry’s abuse of the patent system.” Frustrated by the USPTO’s apparent willingness to grant “excessive patents because of the revenue it collects from patent issuance fees,” the letter provides “specific recommendations, to urge the USPTO to take immediate action and do everything in its power to hold.

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Federal Circuit’s Rule 36 Judgments Leave Everyone in the Dark

LexBlog IP

Federal Circuit Rule 36 has been criticized for leaving IP practitioners in the dark as it allows for the court to enter judgment of affirmance without the reasoned analysis of the Court. Generally, the Rule allows for a judgement of affirmance without opinion if one of the enumerated conditions is met and the opinion would not have precedential value.

Art 52
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Canada's Online Streaming Act receives Royal Assent: Implications and next steps

JD Supra Law

The Broadcasting Act has been amended to clarify that it applies to online streaming and on-demand services and to add online undertakings as a distinct class of broadcasting undertaking subject to regulation by the Canadian Radio-television and Telecommunications Commission (CRTC). Bill C-11, otherwise known as the Online Streaming Act, received Royal Assent on April 27, 2023.

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ChatUSG: What Companies Doing Business with the Government Need to Know About Artificial Intelligence

LexBlog IP

While you were asking ChatGPT to create a 3-course menu for the upcoming book club you’re hosting or to explain the Rule Against Perpetuities, several federal government agencies announced initiatives related to the use of artificial intelligence (AI) and automated systems, focusing on the potential threats stemming from the misuse of this powerful technology.

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The Microbusiness Cannabis Facility Types

Stock Legal Blog

Hello and welcome back to Stock Legal’s blog series on Cannabis Microbusiness Licenses in Missouri! In our last post , we walked through the basics of what a microbusiness license is, how many will be awarded, and when the application process for these licenses will begin. In this post, we will focus on the different types of microbusiness cannabis licenses available, and how they differ from the previously awarded commercial cannabis licenses.