Wed.Aug 02, 2023

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“In Defence of Copyright”: My Book is Now Available

Hugh Stephens Blog

I am pleased to announce that my book, “In Defence of Copyright”, published by Cormorant Books in Toronto, is now available to pre-order through local bookstores, Indigo (stores and online) in Canada, and online through Amazon, and will be in stores as of August 19.

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Superconductors and Research Integrity

Plagiarism Today

Research into semiconductors has been exploding with two separate announcements of a major breakthrough, both beset with serious issues. The post Superconductors and Research Integrity appeared first on Plagiarism Today.

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Sanofi-Aventis Deutschlan GMBH v. Mylan Pharmaceuticals Inc.

Intellectual Property Law Blog

The Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision finding the challenged claims of Sanofi-Aventis’ ’614 patent unpatentable as obvious. Background Mylan petitioned for inter partes review of Sanofi-Aventis’ ‘614 patent, alleging that the challenged claims were obvious based on a combination of three prior art references: Venezia, Burren, and de Gennes.

Art 130
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3 Count: Baby Battle

Plagiarism Today

CoComelon creators win case against similar show, Dua Lipa faces another lawsuit over Levitating and copyright royalty board rates upheld. The post 3 Count: Baby Battle 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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5 Things I’ve Learned About Trademarks So Far in 2023

Erik K Pelton

The world of trademarks is always evolving, and Erik is here to share 5 things he has learned so far in 2023. The post 5 Things I’ve Learned About Trademarks So Far in 2023 appeared first on Erik M Pelton & Associates, PLLC. The world of trademarks is always evolving, and Erik is here to share 5 things he has learned so far in 2023.

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The Lose-Lose-Lose-Lose Bill C-18 Outcome: Meta Blocking News Links on Facebook and Instagram in Canada

Michael Geist

For months, supporters of Bill C-18, the Online News Act, assured the government that Meta and Google were bluffing when they warned that a bill based on mandated payments for links was unworkable and they would comply with it by removing links to news from their platforms. However, what has been readily apparent for months became reality yesterday: Meta is now actively blocking news links and sharing on its Facebook and Instagram platforms.

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Valve Rejects Games with AI Assets Over Copyright Concerns

JD Supra Law

Valve has reportedly adopted a policy to reject games that use AI-generated content over infringement concerns. A developer posted on the “aigamedev” subreddit that in response to submitting a game with some assets that were obviously AI-generated, he received a rejection notice from Valve stating: While we strive to ship most titles submitted to us, we cannot ship games for which the developer does not have all of the necessary rights.

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High Court cannot sit in appeal under Section 91 of the TM Act against the administrative panel decision of WIPO, says Delhi High Court

SpicyIP

The Delhi High Court, by order dated 19 July 2023 in Ashwa Ghosh v Vizrt Ag and Others , held that the High Court cannot hear appeal under Section 91 of the Trademarks Act against the decision of the WIPO Administrative Panel. Section 91 provides for appeal to the High Court against the order or decision of the Registrar of Trademarks. In the given case, the High Court refused to invoke Section 91 on the ground that the Administrative Panel of WIPO is not the “Registrar” under the Trademarks Act

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Regulating AI: Litigation Questions And State Efforts To Watch

IP Law 360

In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.

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Gilead Wins Injunction in Counterfeit HIV Meds Case as Coons Recognizes August as National Anticounterfeiting Month

IP Watchdog

The U.S. District Court for the Eastern District of New York, in a decision published Monday, denied the defendants’ motions to vacate asset freezes in a case brought by Gilead alleging a massive HIV drug counterfeiting ring that involves “hundreds of millions of dollars’ worth” of fake medications. In January 2022, the court unsealed documents in the suit against a slew of defendants who Gilead said sold, marketed, and distributed counterfeits of its HIV medications.

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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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How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Technology & Marketing Law Blog

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof. Christa Laser Artists and creators can generate digital images , alter photos , conjure creative text , or make code all from a set of natural language text-based prompts using generative artifi

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9anime Rebrands to AniWave Citing Legal Troubles

TorrentFreak

Two decades ago, most piracy activity was centered around music. When broadband capacity grew, movies and TV series eventually took over and they remain most popular today. Within the video piracy category, anime has become a significant traffic magnet. Today, there are many piracy sites specializing in anime, with the largest serving millions of pageviews per day. 9anime is one of these anime piracy juggernauts.

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NIH Tech Transfer Workshop Underscores Fight to Properly Characterize Federal Drug Pricing Authority

IP Watchdog

On July 31, the National Institutes of Health (NIH) hosted a virtual workshop titled Transforming Discoveries into Products: Maximizing NIH’s Levers to Catalyze Technology Transfer. Public comments submitted to the NIH ahead of the event reflect current tensions between advocates supporting either private commercialization or government pricing control of federally-funded medical breakthroughs commercialized by private companies.

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Bungie Targets ‘Ring-1’ Destiny 2 Cheat Defendants From U.S. to Australia

TorrentFreak

After reading the introduction to Bungie’s latest lawsuit, which targets makers and sellers of Destiny 2 cheats, one gets the impression the developer may be starting to enjoy this fight. A Bungie-compiled list of online aliases, including PRAGMATICTAX, NOVA, J3STER and CYPHER, are the latest individuals to face legal action for developing, marketing, selling, and providing customer support for, tools that enable cheating in the blockbuster online game, Destiny 2.

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Creating an Authentic Artist Bio to Boost Trust

Art Law Journal

In this article, we delve into the art of crafting an engaging and effective artist bio. We explore the essential elements to include, how to infuse personality and authenticity, the importance of SEO, and the necessity of regular updates. We also discuss the role of images and the avoidance of generic content, ensuring your bio stands out.

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Judge Sinks ID Verification Patent Suits Against Meta

IP Law 360

A California federal judge threw out two suits accusing Meta Platforms Inc. of infringing an identity verification patent, finding that the claims at issue weren't patentable under the U.S. Supreme Court's Alice decision.

Patent 75
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Patent medicine

Likelihood of Confusion

Victoria Pynchon collects and reflects on some of the recent thinking about whether patent litigation makes any sense for anyone besides patent ligitators. Originally posted 2012-08-15 16:49:13. Republished by Blog. The post Patent medicine appeared first on LIKELIHOOD OF CONFUSION™.

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Sanofi-Aventis Deutschlan GMBH v. Mylan Pharmaceuticals Inc.

LexBlog IP

The Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision finding the challenged claims of Sanofi-Aventis’ ’614 patent unpatentable as obvious. Background Mylan petitioned for inter partes review of Sanofi-Aventis’ ‘614 patent, alleging that the challenged claims were obvious based on a combination of three prior art references: Venezia, Burren, and de Gennes.

Art 52
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Amid Competency Investigation, Newman Dissents Again

IP Law 360

Embattled 96-year-old Federal Circuit Judge Pauline Newman dissented Wednesday from a decision invalidating data compression patents for claiming abstract ideas, and criticized current patent eligibility law as "unnecessary and confusing" and diverged from its "historical purpose.

Law 52
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Pre-Determined Indemnification Regulations For Trademark Infringement Actions In Colombia

JD Supra Law

When litigating trademark infringement cases in Colombia, the issue arises as to how the plaintiff should provide valid evidence of the damages arising from the unauthorized use of a trademark, as well as to what admissible evidence may be used to prove the amount of the indemnification claimed in the proceeding.

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Google, Ecobee Get 2 Thermostat Patents Axed At PTAB

IP Law 360

Google LLC has persuaded the Patent Trial and Appeal Board to invalidate the entirety of two EcoFactor Inc. patents related to energy-efficient smart thermostats in a pair of inter partes reviews.

Patent 52
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What Businesses Must Know About Intellectual Property

JD Supra Law

Many individuals – and all businesses – have intellectual property, including everything from names and brands, to inventions, software, and works of art. Too often those assets go unprotected. As companies prepare to develop and commercialize a product or idea, it’s important that they understand what is needed to strategically protect their assets.

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Overlapping Patent Doctrines: Eligibility versus Enablement

Patently-O

by Dennis Crouch As I was reading the Federal Circuit’s nonprecedential decision in Realtime Data v. Array Networks , I noted the court’s repeated statements about how the broad functional claims lacked support in the specification. Although I knew this was an eligibility case, the language made me think enablement and written description.

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Trade Secrets/Non-Compete Quarterly Update - Q2 2023

JD Supra Law

Welcome to our Q2 Trade Secret and Restrictive Covenant Update. As you can tell from the update, Q2 was a busy quarter in this space from both a regulatory, legislative, civil litigation and criminal litigation perspective. Multiple states introduced restrictive covenant legislation with one state bill in particular sending shock waves through the legal and business systems, the FTC continues its assault on noncompetes and both civil and criminal litigation over trade secrets remains active.

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UK Product Safety and Online Marketplace Consultation

LexBlog IP

The UK government announced on 2 August 2023 a new consultation for proposed changes to the UK’s product safety laws. Whilst much of this consultation is concerned with the regulatory compliance arrangements for the testing and marking of products what has received less immediate media coverage are proposals also included to impose additional duties on the operators of online marketplaces through which products are sold in the UK.

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Bristol-Myers Squibb and AstraZeneca Settle Anti-PD-L1 Antibody Product Litigation

JD Supra Law

We previously reported on Bristol-Myers Squibb’s (“BMS”) complaint alleging AstraZeneca’s PD-L1 antibody product, IMFINZI (durvalumab), infringed U.S. Patent No. 9,402,899 (“the ’899 patent”). BMS alleged that the ’899 patent covers “Nobel Prize winning methods of treating cancer” by using “an antibody to inhibit the interaction between PD-1 and PD-L1 to treat cancer in patients.”.

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PRE-DETERMINED INDEMNIFICATION REGULATIONS FOR TRADEMARK INFRINGEMENT ACTIONS IN COLOMBIA

LexBlog IP

When litigating trademark infringement cases in Colombia, the issue arises as to how the plaintiff should provide valid evidence of the damages arising from the unauthorized use of a trademark, as well as to what admissible evidence may be used to prove the amount of the indemnification claimed in the proceeding. Trademark infringement lawsuits generally intend to compel the infringer, through a judicial order, to cease the use of a protected trademark and, in most cases, the plaintiff seeks to

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American Axle's Claims Found Eligible on Remand

JD Supra Law

The storied case of American Axle v. Neapco Holdings has entered a new chapter -- not the final chapter but the plot has thickened considerably. As a recap, Judge Stark, then of the District Court for the District of Delaware, found all asserted claims of U.S. Patent No. 7,774,911 invalid under 35 U.S.C. § 101 as being directed to a law of nature implemented by well-understood, routine, and conventional means.

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Boehringer Ingelheim is Seeking an Associate Director, Senior Counsel IP

IP Watchdog

The Associate Director, Senior Counsel IP (Intellectual Property) supports Boehringer Ingelheim's Animal Health global biotech patent team by providing legal services to Clients in Boehringer Ingelheim’s Animal Health division, typically at the Executive Director level and below. This level of counseling provided requires an in-depth knowledge of U.S. patent law and practice, familiarity with patent prosecution practice in Europe and other jurisdictions as well as having a sound scientific backg

IP 52
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PTAB Eliminates POP Review and Expands Director Review to Institution Decisions

JD Supra Law

As of July 24, 2023, the United States Patent and Trademark Office (USPTO) revised the interim Director Review process and replaced the Precedential Opinion Panel (POP) with the Appeals Review Panel process, which will review decisions in ex parte, re-examination, and reissue appeals, and the Delegated Rehearing Panel (DRP), which will review decisions from America Invents Act (AIA) proceedings, such as inter partes reviews (IPRs) and post grant reviews (PGRs).

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Protecting Your Brand: How to Remove Counterfeits from Amazon

Corsearch

Your business has likely collectively spent countless hours and resources to build a strong brand presence on Amazon. However, counterfeiters will continuously undermine these efforts by listing counterfeit products and passing them off under your brand name. Not only does this hurt your bottom line, but it’s also damaging to your brand’s reputation and customer trust.

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[Audio] Building a Cost-Effective Global Patent Portfolio Using the Netherlands

JD Supra Law

Keeping costs in check is critical when pursuing patent protection, in particular for small and mid-sized U.S. companies. In this podcast, Procopio Partner Ernest Huang of Silicon Valley and AOMB Partner Ernest Baeten of the Netherlands discuss an innovative way in the Dutch patent system to get a peek at what the prior art is going to look like when you submit a provisional or normal patent application.

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UK Product Safety and Online Marketplace Consultation

IP Tech Blog

The UK government announced on 2 August 2023 a new consultation for proposed changes to the UK’s product safety laws. Whilst much of this consultation is concerned with the regulatory compliance arrangements for the testing and marking of products what has received less immediate media coverage are proposals also included to impose additional duties on the operators of online marketplaces through which products are sold in the UK.

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Parus Holdings, Inc. v. Google LLC, No. 2022-1269, 2022-1270 (Fed. Cir. Jun. 12, 2023)

JD Supra Law

This case concerns determining the prior art status of certain references in an inter partes review. The Federal Circuit considered whether the Patent Trial and Appeal Board (the “Board”) was correct in declining to consider the patent owner’s certain evidence not submitted in compliance with the Board’s rules and in making a determination regarding written description requirements.

Art 52
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Georgia jury says "no trade secrets" in Boeing wing-component dispute

The IPKat

Earlier this year, the AmeriKat found herself in Atlanta, Georgia for a work meeting. Not yet faced with the sweetly sticky weather of the southern summers, she was instead greeted with cool breezes and bright blue skies from which she could spy the airplanes coming into land at Atlanta's Hartsfield-Jackson airport (the busiest airport in the world).