Mon.Dec 11, 2023

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CBC Investigation Documents the Challenge for Writers: Works by Prominent Canadian Authors are Included in AI Training Data (So What Happens Now?)

Hugh Stephens Blog

Photo: Author The CBC—which, by the way, has just announced it will be cutting 10% of its workforce owing to reductions in the funding it receives from Parliament, cuts that unfortunately will probably curb its investigative programming—has “revealed” that works by a number of prominent Canadian authors such as Margaret Atwood, Alice Munro, Robertson Davies, … Continue reading "CBC Investigation Documents the Challenge for Writers: Works by Prominent Canadian Authors are Included in AI Tr

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When AI Plagiarizes AI

Plagiarism Today

With the launch of Grok, xAI's new AI system, questions arose about where its data came from and if it was copying OpenAI's homework. The post When AI Plagiarizes AI appeared first on Plagiarism Today.

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US Copyright Office Rejects Bid To Register AI-Generated Art

IP Law 360

The U.S. Copyright Office on Monday again denied an artist's attempt to register his van Gogh-inspired artwork generated by artificial intelligence, saying there's not enough human involvement for the artist to claim copyright.

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3 Count: Avengers Assemble

Plagiarism Today

Marvel settles final copyright termination dispute, Piracy Shield goes online in Italy and Adam McKay faces Don't Look Up lawsuit. The post 3 Count: Avengers Assemble 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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Patent Poetry: Patent Office Publishes Guidelines on Computer Related Designs

JD Supra Law

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. In December 2020, the USPTO sought public input on ‘‘whether its interpretation of the article of manufacture requirement in the United States Code should be revised to protect digital designs that encompass new and emerging technologies.”.

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A first look at the copyright relevant parts in the final AI Act compromise

Kluwer Copyright Blog

On Friday evening, after 38 hours of negotiations, representatives of the European Parliament, EU member states and the European Commission reached a provisional agreement on the proposed AI Act. The deal reached on Friday night now paves the way for the adoption of the AI Act in the first half of 2024, bringing to an end a legislative process that has lasted more than two and a half years and during which the scope of the Act has been significantly expanded.

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Catching Up With Delaware's Chancery Court

IP Law 360

Last week, a Tesla stockholder threw a rock at Elon Musk's glass house, Floor & Decor shareholders got an updated order, Abercrombie & Fitch's former CEO sought legal fees, and Rwanda moved ahead in its lawsuit against a Massachusetts pharmaceutical company. In case you missed any of it, here's the wrap-up of legal news from Delaware Chancery Court.

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What is beneficial ownership information reporting?

Legal Zoom

Over 32 million small businesses will be affected by the latest beneficial ownership reporting rules from FinCEN. Yours could be one of them. Find out how the rules will affect you and how accurate reporting can help you comply.

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US Wrong On Licensing Costs In $3M Tax Suit, 7th Circ. Told

IP Law 360

The Seventh Circuit should reject the federal government's claim that a healthcare software company wrongly took $3 million in tax deductions meant for domestic software production, the company argued, saying the government inaccurately described its product licensing costs as disqualifying service fees.

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Don’t Fuel the Copyright Troll Fire, Supreme Court Hears

TorrentFreak

Over the past several years we’ve covered dozens of copyright troll cases against tens of thousands of alleged copyright infringers. Our coverage mostly focuses on piracy-related cases, but there are other variants too. Outfits that target blogs and other websites for using photos without permission, for example. The definition of the term ‘copyright troll’ is fluid.

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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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Stelara® Biosimilar Updates: IPR Petition Challenging U.S. Patent No. 10,961,307 Filed and SB17 Settlement and Launch Date Announced

JD Supra Law

On November 22, 2023, Biocon Biologics Inc. (“Biocon”) submitted a Petition for Inter Partes Review of claims 1-34 of U.S. Patent No. 10,961,307 (“the ’307 patent”), assigned to Janssen Biotech, Inc. (“Janssen”), requesting that trial be instituted and the challenged claims cancelled. Biocon Biologics Inc. v. Janssen Biotech, Inc., IPR2023-01444.

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The Law Bytes Podcast, Episode 188: Consumers, Competition or Corporate Cash Grab? – My Bill C-11 Appearance at the CRTC

Michael Geist

The CRTC just concluded a three week hearing on Bill C-11 with its primary focus on the prospect of mandating interim payments by Internet streaming services. The result was predictable as just about everyone made their way to Gatineau to make their case for cash. I appeared for the first time before the CRTC where argued that it should prioritize competition, consumer choice and affordability, recognizing that the emerging system brings with it risks of market exit or higher prices.

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Regeneron Sues Formycon AG for Proposed Biosimilar of EYLEA in West Virginia District Court

JD Supra Law

​​​​​​​Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed a Complaint on November 29, 2023, against Formycon AG (“Formycon”) in the U.S. District Court for the Northern District of West Virginia, alleging infringement of 39 patents under the BPCIA based on Formycon’s submission of an aBLA for FYB203, a proposed biosimilar of EYLEA (aflibercept).

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How original is a cat litter tray?

The IPKat

This Kat’s attention has recently been drawn to a Kat-focused ruling: that of design and copyright protection of a cat litter tray. Resolved by the first instance Community design court in Brussels, this case tackled issues such as forum shopping and cumulation of rights in a work of applied art (case A/22/02872 ). Background to the dispute The litigation was initiated by Savic, a Belgian producer of pet products.

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The Skinny on Infringement of Method of Treatment Claims

JD Supra Law

2 In Hatch-Waxman litigation, method of treatment patents present unique infringement issues. Because generic drug manufacturers typically do not treat patients, patentees frequently allege induced or contributory infringement. The Federal Circuit’s precedential opinion in H. Lundbeck A/S v. Lupin Ltd. narrows the grounds on which brand product manufacturers can allege infringement of method of treatment patents, particularly when the ANDA applicant seeks approval for “skinny” labeling.

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[Guest post]: The proportionality test in European patent law

The IPKat

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Léon provides a brief summary of the book’s main argument below and announces a launch event on 12 January 2024 that promises to be interesting.

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Invention-Creations Related to Work Tasks Made During the Service Period Belong to Service Invention-Creations | Dispute over Ownership of Patent Application Right

JD Supra Law

Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity concerned is a service invention-creation; The right to apply for a patent for a service invention-creation belongs to that entity, which shall be the patentee after the application is granted; Service invention-creations made in the performance of the tasks of the entity to which.

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NASCAR Museum Owner Disparaged Tobacco Biz, Judge Told

IP Law 360

Tobacco giant ITG Brands LLC is asking a North Carolina business court to hold in contempt a defendant in a now-settled trademark case involving the soon-to-close Winston Cup Museum, asserting owner Will Spencer has made multiple false statements to make himself appear the victim in a dispute over the Winston cigarette brand.

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FDA Targets April 2024 for Laboratory Developed Test (LDT) Final Rule

JD Supra Law

On December 6, 2023, the Office of Information and Regulatory Affairs (“OIRA”) released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (the “Agenda”), a semiannual compilation of information regarding regulations under development by federal agencies.

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Lessons From This Year's Landmark Green Energy IP Clash

IP Law 360

In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.

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[Webinar] AI Alter Egos: Blueprints for Digital Likeness Deals - January 23rd, 10:00 am - 11:00 am PST

JD Supra Law

Explore the intricacies of transforming individuals into AI avatars and the key legal issues and provisions to keep in mind. Informed by our team’s talent-side and tech-side experiences, we’ll navigate: - Likeness License Toolkit: What platforms and talent need for a successful partnership, from IP rights and content details to concerns like permissions and existing contracts. - Remedies and Obligations: What’s market, what’s reasonable and best practices for approaching likeness license.

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Patent Deals Don't Support $410M DNA Test Suit, Court Told

IP Law 360

A small biotech business plans to use the web of settlement agreements it has landed since netting a blockbuster jury verdict last year to ask jurors to award it $410 million early next year, though the bid is opening the company up to arguments that nobody wanted to buy its patents before getting dragged into court.

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Another Bite? CAFC Allows Expansion of Arguments in Reply

JD Supra Law

In a recent decision, the Federal Circuit found no abuse of discretion by the Board when it allowed Apple to expand its analogous art contention in its IPR reply, finding that the Board’s decision did not run afoul of the “newness” nor “responsiveness” restrictions governing what a petitioner may include in its reply. See Corephotonics, Ltd. v. Apple Inc., 84 F.4th 990 (Fed.

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This Week in Washington IP: Protecting Creatives from Digital Copyright Piracy, The EU’s Response to the CHIPS & Science Act, and an Inside Perspective on U.S.-China Relations

IP Watchdog

This week in Washington IP news, the House of Representatives holds a hearing on digital copyright piracy and a Senate subcommittee looks at the impact of algorithms. Elsewhere, CSIS delves into the EU’s answer to the U.S. CHIPS & Science Act.

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Deadline Dexterity: PTAB Has Authority to Issue Decisions After Statutory Deadline

JD Supra Law

Recently, in Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc., the Federal Circuit held for the first time that the Patent Trial and Appeal Board (“the Board”) has the authority to issue a Final Written Decision even after the statutory deadline has passed. Congress introduced post grant review (“PGR”) and inter partes review (“IPR”) in 2011 as part of the America Invents Act (AIA).

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The never ending story of Brexit – Chapter: EUIPO v Indo European Foods – Act I: The AG’s Opinion

The IPKat

As former prime minister of the UK Theresa May famously said: Brexit means Brexit! But does it really? Not for the trade mark offices and the courts, it seems. There are several appeals pending before the CJEU concerning the effects of Brexit on EU trade mark law. According to the ‘Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community’ (‘ Withdrawal Agreement ’), the UK essentially remained a part

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While my guitar gently weeps

Likelihood of Confusion

One of the first posts on LIKELIHOOD OF CONFUSION® was about Gibson Guitar Corp. v. Paul Reed Smith Guitars, LP, 70 UPSQ2d 1911 (M.D. Tenn. 2004), and the question of. The post While my guitar gently weeps appeared first on LIKELIHOOD OF CONFUSION™.

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Supreme Court Won't Review PTAB Floor Tray Patent Ruling

IP Law 360

The U.S. Supreme Court on Monday decided not to review a Federal Circuit decision that found numerous claims in a vehicle floor tray patent behind WeatherTech automotive accessories weren't patentable.

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The Challenge of Proving Bad Faith in Oppositions 

Corsearch

While the concept of filing oppositions to a potentially conflicting application for registration of a trademark is relatively simple, it’s a challenging practice area of law. Choosing the grounds for your opposition is one part of the puzzle and proving it is another entirely. Amongst the most difficult grounds to prove is that of bad faith. At the outset, all trademark applications are presumed to have been filed in good faith, so a significant burden of proof is required to overturn tha

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New Mandatory U.S. Corporate Transparency Law asks ? Who's the BOSS?

LexBlog IP

This blog article helps you understand whether your local U.S. or foreign U.S. registered legal entity is legally required to report identity and beneficial ownership details to the Beneficial Ownership Secure System “BOSS” when the new CTA laws take effect from 1 January 2024. “BOSS” is the online reporting system developed by the U.S.

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The Boston Globe Declares CCC a Top Place to Work in Massachusetts

Velocity of Content

CCC has been named one of the Top Places to Work in Massachusetts in the large employer category for the third year in a row in the 15th annual employee-based survey project from The Boston Globe. “CCC is honored to have been named a Top Place to Work in Massachusetts based on the votes from our team members for the third year in a row,” said Tracey Armstrong, President and CEO, CCC.

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Cisco Clears IP Suit After Axed $2.7B Judgment, Recusal Row

IP Law 360

A Virginia federal judge on Monday cleared Cisco of claims that it infringed a small cybersecurity company's software patents after the previous judge's stock conflict sank the startup's initial $2.75 billion win in the long-running legal war.

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Understanding UAE Regulations on Vaping and Tobacco

LexBlog IP

Introduction The UAE has implemented laws and regulations to control and regulate the consumption of tobacco and tobacco-related products, including vaping, which refers to the use of electronic nicotine products. This article aims to provide an in-depth understanding of the rules and regulations regarding vaping in the UAE, as outlined in Federal Law No. 15/2009 on Tobacco Control, Cabinet Decision No. 24/2013, and Federal Law No. 3 of 2016 on Child Rights (Wadeema’s Law).

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SDNY Judge Asks For Clarity In Lutron Patent Challenge

IP Law 360

A New York federal judge says she found "herself struggling" with the efforts of a home fixtures company to bring its patent challenge in front of a jury after it sank at the Patent Trial and Appeal Board, asking the company's lawyers "how can this possibly be the correct standard?

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Amazon Patent Attorney: How to Win Patent Violations

Patent Trademark Blog

How is a patent attorney different than Amazon seller attorneys? Patent violations are becoming increasingly prevalent among Amazon sellers. Whether you are a patent owner or an Amazon seller, you need the right kind of legal expertise when it comes to patent infringement. Patent agents do not litigate and, therefore, have little to no infringement experience.

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