Thu.May 11, 2023

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3 Count: Bungie Returns

Plagiarism Today

Bungie wins another decision against cheatmaker, South African label faces more copyright claims and Frank Ocean scammer sold AI tracks. The post 3 Count: Bungie Returns appeared first on Plagiarism Today.

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Twitch-Streaming Destiny 2 Teen Cheater Fails in Bid to Shake Bungie Lawsuit

TorrentFreak

After filing a series of lawsuits against cheat developers, cheat sellers, resellers, and even gamers who use cheats, there’s little doubt that Bungie views cheating as a threat to its business. After a Washington court awarded Bungie $6.7 million in damages against LaviCheats on Monday, the company scooped a damages award of $16.2m in the same court (but in a different case) on Tuesday.

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Upcoming DMCA Takedown Workshop

Plagiarism Today

Next week I will be a guest at a Creative Law Center workshop on the Digital Millennium Copyright Act. Join us to learn more about the DMCA. The post Upcoming DMCA Takedown Workshop appeared first on Plagiarism Today.

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Judicial Disability and the “Great Dissenter”

Patently-O

Guest Post by Paul R. Gugliuzza , Professor of Law, Temple University Beasley School of Law The judicial disability proceedings instituted against Federal Circuit Judge Pauline Newman have now spilled into litigation. As Dennis reported yesterday , Judge Newman filed a complaint in D.C. federal district court seeking, among other things, to enjoin and terminate the proceedings.

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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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Z-Library Warns Against ‘Fraudulent’ and ‘Unsafe’ Copycats With Millions of Users

TorrentFreak

Over the years, Z-Library established itself as a premier source of pirated books, serving an audience of millions of users. Up until a few months ago, this all happened relatively quiet. However, when the United States launched a criminal case against two alleged operators, everything changed. Z-Library lost access to over 200 domain names late last year and, just last week, the authorities carried out a new seizure round.

Branding 109
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Creators at the Forefront of the #StopAAPIHate Movement

Copyright Alliance

Creators have long been at the forefront of social change and activist efforts. The political climate of American history can be traced through its artistic periods as well as it […] The post Creators at the Forefront of the #StopAAPIHate Movement appeared first on Copyright Alliance.

Copyright 107

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Attorney Fees Denied Due to Lack of Support in Cannabis Litigation Record

The IP Law Blog

In 2018, United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective (“Pure Hemp”) for infringement of U.S. Patent No. 9,730,911 (the “‘911 patent”), entitled “Cannabis Extracts and Methods of Preparing and Using the Same. The ‘911 patent relates to “extraction of pharmaceutically active components … more particularly … botanical drug substance (B.D.S.) comprising cannabinoids obtained by extraction from cannabis.

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Can You Register a Copyright on a Work that Contains Material Generated by Artificial Intelligence?

JD Supra Law

Suppose you have expressed your work in a tangible form, but it contains material generated by artificial intelligence (AI). Although your copyright exists at the moment of creation, does the work contain enough human authorship on which to base a claim for copyright registration? Should you register the copyright on the work with the U.S. Copyright Office?

Copyright 101
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BREAKING: Judge Newman Sues Fed. Circ. To Halt Probe Of Her Fitness

IP Law 360

Federal Circuit Judge Pauline Newman has filed a lawsuit against Chief Judge Kimberly Moore and the other members of the court, saying that an investigation into whether she is fit to remain on the bench violates her rights under the U.S. Constitution.

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A U.S. View on the UPC – Part 2: Damages

JD Supra Law

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. practitioners trying to familiarize themselves with the basic features of the UPC – aims to provide a high level view on the key aspects of the UPC system, compare them to patent litigation in the U.S., and consider their implications on U.S.

Contracts 101
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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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Commerce's Minority Business Development Agency to Host 2023 National AANHPI Business Summit

U.S. Department of Commerce

Commerce's Minority Business Development Agency to Host 2023 National AANHPI Business Summit May 11, 2023 KCPullen@doc.gov Thu, 05/11/2023 - 12:32 Minority business growth 400+ entrepreneurs and small business owners will gather to understand opportunities within the CHIPs and Science Act, staying competitive in a digital world, and accessing capital The U.S.

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U.S. Copyright Office Opens the Door for AI-Assisted Work to Gain Copyright Protection

JD Supra Law

Artificial Intelligence (AI) has rapidly become an essential component of various creative processes across multiple industries. As AI continues to advance and permeate creative fields, questions regarding the protection of intellectual property (IP) rights for AI-generated and AI-assisted works have emerged. By: Brooks Kushman P.C.

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Newman Says Moore’s Order Alleging She is Unfit for Court is ‘Riddled with Errors’

IP Watchdog

U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman yesterday filed a complaint in the United States District Court for the District of Columbia against CAFC Chief Judge Kimberly Moore and Judges Prost and Taranto, as members of the Special Committee of the Judicial Council of the Federal Circuit appointed by Moore to investigate Newman.

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Ensuring a Reference Is Analogous Art to a Challenged Patent, Not to Another Reference

JD Supra Law

SANOFI-AVENTIS DEUTSCHLAND GMBH V. MYLAN PHARMACEUTICALS INC. Before Reyna, Mayer, and Cunningham. Appeal from Patent Trial and Appeal Board.

Art 100
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The Challenge of Tracking Compliance Due Dates for Nonprofits

Cogency Global

What this is : A list of some of the challenges you could face when it comes to pinpointing due dates for nonprofit compliance. What this means : Due to the lack of uniformity, there’s no shortage of differences in what triggers state corporate and charitable compliance due dates.

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Alice Dooms Video IP In Suit Against Sling TV, Fed. Circ. Says

IP Law 360

The Federal Circuit has rejected a patent owner's bid to revive a video compression patent that was axed by a lower court in infringement litigation against Dish Network's Sling TV streaming service, agreeing Thursday that the system is invalid since it just lays claim to an abstract concept.

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MSPB Grants ‘Corrective Action’ to APJ for USPTO Retaliation Following Whistleblower Activity

IP Watchdog

The Merit Systems Protection Board (MSPB) issued a decision on May 5 granting Patent Trial and Appeal Board (PTAB) Administrative Patent Judge (APJ) Michael Fitzpatrick’s request for corrective action with respect to alleged retaliatory personnel actions against him by senior management officials at the Department of Commerce and U.S. Patent and Trademark Office (USPTO).

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Shelby's Co. Says '60 Seconds' IP Bench Trial No Photo Finish

IP Law 360

Late racing icon Carroll Shelby's licensing company told a California federal judge in written closing arguments of a bench trial that a producer behind "Gone in 60 Seconds" did not come "remotely close" to proving it breached a settlement over intellectual property rights to the 2000 film's Ford Mustang "Eleanor" car.

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TTAB Affirms Genericnes Refusal of COOKIEBOT for. Guess What?

The TTABlog

Wrong. This case has nothing to do with baked goods. The Board upheld the USPTO's refusal to register COOKIEBOT for "Software as a service (SAAS) services featuring software for monitoring and managing data collection and Internet usage tracking, for complying with privacy regulations regarding data collection and Internet usage tracking, and for user consent and permissions management regarding website access, data collection and Internet usage tracking," on the ground of genericness.

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Judge Newman's Lawsuit Elevates Fed. Circ. Tensions

IP Law 360

Federal Circuit Judge Pauline Newman's lawsuit seeking to halt her colleagues' investigation into whether she is fit to stay on the bench appears likely to further strain relationships on the court and create challenges for the district court judge hearing the case, observers say.

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What’s Shakin’ Bacon? Not Inventorship—Contribution to Invention Can’t Be “Insignificant”

JD Supra Law

The US Court of Appeals for the Federal Circuit reversed a district court decision and found that an asserted inventor not named in the application was not a joint inventor because in the context of the entire invention his contribution was too insignificant to constitute joint inventorship. HIP, Inc. v. Hormel Foods Corp., Case No. 22-1696 (Fed. Cir.

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Bank Sold Off $2.5M Painting Quickly, Curator Testifies

IP Law 360

The bank UMB's much-criticized sale of a major Thomas Hart Benton painting to the Nelson-Atkins Art Museum for $2.5 million in the face of alleged competing higher offers was "quick" and done with an eye to elevating Benton's reputation, a then-curator of the Kansas City museum testified Thursday.

Art 75
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The U.S. Copyright Office Session 2: “Artificial Intelligence and Copyright – Visual Arts”

JD Supra Law

On Tuesday, May 2, 2023, the U.S. Copyright Office (USCO) held the second of four sessions on the copyright implications of generative artificial intelligence (GAI), titled “Artificial Intelligence and Copyright – Visual Arts.” The session focused on GAI issues relevant to visual works, and featured two panels with various stakeholders that brought a range of perspectives to the discussion.

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ISP Loses Bid For Retrial After $47M Copyright Verdict

IP Law 360

A Texas federal judge has refused to give internet service provider Grande Communications a judgment in its favor or a new trial after a jury said it must pay about $46.8 million to Universal Music Group and a host of other recording companies in a copyright case.

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UPC Dentons Series: Capitolo 4

JD Supra Law

Le misure cautelari previste dall’Accordo su un Tribunale unificato dei brevetti (“Accordo TUB”) presentano specificità che dovranno essere tenute in debita considerazione nella definizione della migliore strategia di enforcement di brevetti europei tradizionali per cui non sia stato esercitato l’opt-out. E ciò, a maggior ragione, durante il periodo transitorio in cui vi sarà la competenza concorrente del TUB e delle Corti nazionali.

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Crunchbase Accused Of Breaking Publicity Law In Ohio, Too

IP Law 360

Business data platform Crunchbase has been hit with a proposed class action in Ohio federal court alleging that its use of people's personal information without their consent violates state publicity rights, days after being sued over similar claims in Illinois.

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NPE Showcase – Leigh Rothschild

JD Supra Law

Most nonpracticing entities are private firms owned by patent attorneys, investors, or a combination of the two. In other cases, NPEs do everything they can to obscure the identify of the true owner. And in virtually all cases, NPEs purchase the asserted patents from another company seeking to divest assets for cash.

Patent 55
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Samsung Wipes Out Light-Emitting Patent Claims At PTAB

IP Law 360

The Patent Trial and Appeal Board has agreed to invalidate a light-emitting diode patent related to underlying infringement litigation against Samsung Electronics over its wireless chargers and smartphones, finding the system is invalid as obvious.

Patent 74
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Federal Judge Reverse $105 Million Jury Verdict in Trade Secrets Case

JD Supra Law

Introduction: Earlier this year, we covered the notable trade secrets verdict in Versata Software Inc. v. Ford Motor Co., No. 2:15-cv-10628 (E.D. Mich. Oct. 26, 2022), in which Versata was awarded $105 million for breach of contract and misappropriation of trade secrets claims against Ford Motor Co. However, on May 1, 2023, the U.S. District Court for the Eastern District of Michigan significantly reduced the awarded damages.

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GPS Patent Holder Drops Fiat Infringement Suit

IP Law 360

A holding company on Thursday dropped its claims alleging Fiat Chrysler infringed its GPS navigation patent, ending a 12-year-old lawsuit that is part of a series of claims against a host of auto giants.

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Material Transfer Agreements: Why They Matter

JD Supra Law

In the world of scientific research and development, sharing materials between organizations is a common practice. However, when such sharing involves proprietary materials or intellectual property, it becomes important to have a legally binding agreement in place to ensure the materials are used only for their intended purpose and that the owner’s rights are protected.….

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MPEP Update: What Practitioners Need to Know

LexBlog IP

Although it does not have the force of rule or law, the Manual of Patent Examining Procedure (“M.P.E.P.”) is the guiding document for patent examiners. As such, it is a fundamental tool for patent prosecutors trying to guide patent applications through the prosecution process to issuance. Not only does it shed light on the USPTO’s approach and policy towards patentability topics, it also can provide a persuasive foundation for your patentability arguments.

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Court Denies Request for Attorneys' Fees Against Counterclaimant with Ill-Defined Trade Secret

JD Supra Law

In a late-March 2023 decision out of the U.S. District Court for the Southern District of California, a court denied a plaintiff's request for attorneys' fees against a defendant who filed "objectively specious" counterclaims for trade secret misappropriation, finding that the defendant did not bring the counterclaims in bad faith. The decision serves as a….

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Navigating the Epidemic of Surprise Medical Bills

LexBlog IP

In recent years, an alarming epidemic has been silently sweeping across the American healthcare system. It’s not a virus or disease, but rather an economic and systemic issue that’s inflicting financial distress on countless insured individuals — surprise medical bills. Surprise medical bills, or ‘balance bills,’ are the unexpected, out-of-pocket charges that patients receive when they unknowingly receive care from an out-of-network provider.

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Making Bacon Still Requires a Significant Contribution for Joint Inventorship

JD Supra Law

Last week, in Hip, Inc. v. Hormel Foods Corporation, No. 2022-1696 (Fed. Cir. May 2, 2023), the Federal Circuit reversed Delaware District Chief Judge Colm F. Connolly’s decision to add an unnamed inventor onto a patent for methods of precooking bacon and meat pieces. The Federal Circuit did not question the relationship between the parties but instead focused on the significance of the purported contributions by the alleged joint inventor, which were determined to be “insignificant in quality”.