Tue.Sep 26, 2023

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Copyright Claims Board Issues Three More Default Determinations

Plagiarism Today

The Copyright Claims Board has handed down three more default determinations. Here's how the board is determining damages. The post Copyright Claims Board Issues Three More Default Determinations appeared first on Plagiarism Today.

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Slam Dunk Creators: NBA Players Who Excel on and Off the Court

Copyright Alliance

National Basketball Association (aka NBA) stars are often known primarily for their skills on the court. But numerous players are also accomplished creators—known for their music, production skills, writing, acting, […] The post Slam Dunk Creators: NBA Players Who Excel on and Off the Court appeared first on Copyright Alliance.

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3 Count: Trial Bound AI

Plagiarism Today

Reuters AI case heading toward a trial, Ed Townsend's estate drops Thinking out Loud appeal and Getty launches AI image generator. The post 3 Count: Trial Bound AI appeared first on Plagiarism Today.

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Emails Analyzing Own Patents Likely Not Trade Secrets

Patently-O

by Dennis Crouch In most patent cases, the parties jointly agree to a system limiting the publication of confidential case information and typically file a stipulated motion for protective order seeking the a judicial order requiring the parties to comply. One problem with this approach is that it goes against our traditional notion that courts and court filings are open and accessible to the public.

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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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Filmmakers Distribute Fake Movie Leak to Tease Pirates

TorrentFreak

A few hours ago, social media activity in India lit up when a ‘leak’ of the highly anticipated film “Fukrey 3” started to circulate. This third installment in the “Fukrey” comedy franchise is scheduled to premiere in theaters later this week, but pirates appeared to get it early once again. Local news media outlets were quick to jump on the topic and over the past several hours, numerous headlines eagerly informed readers that the film had leaked.

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The Toyota KPI Dashboard—Overview

Christopher Roser

Dashboards, in their many forms, are essential to track the performance of a production system. In this post I will talk more about the Toyota shop floor dashboard. A lot of the information is from Toyota in Japan, but the images are from Toyota UK. Keep in mind that the dashboards are not a rigid. Read more The post The Toyota KPI Dashboard—Overview first appeared on AllAboutLean.com.

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Russia’s Manga Pirates Face Publisher’s Lawsuit & Increasing State Censorship

TorrentFreak

Signed by some of Russia’s most powerful tech and entertainment companies in 2018, a Memorandum of Cooperation saw the creation of a centralized database of pirated content. Internet companies agreed to query the database every few minutes and then remove corresponding content from their indexes. Those who benefited from the system declared it a success but not all types of content enjoyed protection.

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Enforcement of California’s Age-Appropriate Design Code Act Is Put on Ice — for Now

JD Supra Law

On September 18, 2023, a U.S. District Court judge in the Northern District of California granted a preliminary injunction enjoining California’s attorney general from enforcing California’s California Age-Appropriate Design Code Act (the CAADCA, or AB 2273). California’s governor signed the CAADCA into law a year ago, and it had been set to take effect on July 1, 2024.

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Entertainers and Athletes are Learning to Live with A.I. Algorithms – One Byte at a Time

IP Close Up

The Writers Guild of America’s 146-day strike may be all but ratified, but for others in the entertainment industry – like the striking actors and Continue reading

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[Ongoing Program] Life Sciences Series - Legal Developments in Artificial Intelligence: The Intersection of Generative Artificial Intelligence, Intellectual Property, and Privacy Law - October 12th, 1:00 pm - 2:00 pm ET

JD Supra Law

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned attorneys across various practices who will share insights and provide a framework for navigating the relevant legal landscape.

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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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Ballad in the mall: the violence of a scene does not give rise to an integrity claim in relation to the background music

The IPKat

A Kat thinking about synchronisation The past few years have been marked by major copyright disputes involving musical works [ IPKat here , here or here ]. A recent ruling of the Paris Court of First Instance (Tribunal judiciaire) provides a further illustration. This time the dispute focused on the impact on moral rights of synchronising a musical work with a TV show about drug cartels.

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Actualités Législatives et Réglementaires – Juillet / Août 2023

JD Supra Law

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires des mois de juillet et août 2023.

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USPTO Hands Out 1 Millionth Design Patent

IP Law 360

The U.S. Patent and Trademark Office issued its 1 millionth design patent to a licensed cosmetologist on Tuesday as more inventors apply for design patent protection than any other time in history.

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Sanofi-Aventis U.S. LLC v. Sandoz, Inc. Jevtana® (Cabazitaxel)

JD Supra Law

Case Name: Sanofi-Aventis U.S. LLC v. Sandoz, Inc., No. 20-804-RGA, 2023 WL 4175334 (D. Del. June 26, 2023) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Jevtana® (cabazitaxel); U.S. Patent No. 10,716,777 (“the ’777 patent”).

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Eli Lilly Gets $177M Teva Migraine Drug Patent Verdict Tossed

IP Law 360

A Massachusetts federal judge overturned a $176.5 million migraine drug patent infringement verdict that Teva Pharmaceuticals won against Eli Lilly & Co., finding Tuesday that the three patents related to Teva's product Ajovy are invalid.

Patent 75
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Artificial Intelligence in the Modern Workplace: A Multi-Part Series Highlighting Concerns and Implications of Using Artificial Intelligence Within a Company

JD Supra Law

As artificial intelligence (AI) grows in prevalence and accessibility, it is important for employers to consider the implications of its use by their employees. One method of anticipating and quelling potential liabilities that may arise is through deploying certain internal AI policies.

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Independent Inventor Seeks New Trial for LG’s Alleged Violations of Sotera Stipulation

IP Watchdog

On September 25, independent inventor Carolyn Hafeman filed a reply brief arguing that efforts by consumer tech giant LG Electronics to prejudice Hafeman’s legal claims in front of a Western Texas jury require the court to grant a new patent infringement trial in the case. Among other things, Hafeman contends that LG’s invalidity arguments at trial violated LG’s own Sotera stipulation filed in inter partes review (IPR) proceedings brought by LG suppliers Google and Microsoft to challenge the va

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Design Patents are Heating Up at the Federal Circuit, Again

JD Supra Law

Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., No. 2021-2299, 21-2338 (Sept. 15, 2023), the Federal Circuit provided guidance on the types of prior art that can be reviewed by courts and juries in the comparative prior art stage of the infringement analysis of.

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BMI’s Happy Talk Campaign Has Failed

The Trichordist

Ignoring your songwriters is never a good idea.

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New York Court Sides with PepsiCo on Remand in Ongoing Rise Brewing Dispute

JD Supra Law

In Riseandshine Corporation v PepsiCo Inc (SDNY-1-21-cv-06324), plaintiff Riseandshine Corporation, doing business as Rise Brewing, brought three federal and two state claims relating to trademark infringement and unfair competition with respect to the RISE trademark against defendant PepsiCo.

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Federal Circuit Affirms Lack of Enablement of Functional Antibody Claims

IP Intelligence

In its recent decision in Baxalta Inc. v. Genentech, Inc. , No. 2022-1461, 2023 WL 6135930 (Fed. Cir. Sept. 20, 2023), the Federal Circuit applied the Supreme Court’s decision in Amgen Inc. v. Sanofi to affirm the District of Delaware’s grant of summary judgment of lack of enablement for broad antibody claims that specify what the antibody does rather than what the antibody is.

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Federal Circuit Affirms Lack of Enablement of Functional Antibody Claims

JD Supra Law

In its recent decision in Baxalta Inc. v. Genentech, Inc., No. 2022-1461, 2023 WL 6135930 (Fed. Cir. Sept. 20, 2023), the Federal Circuit applied the Supreme Court’s decision in Amgen Inc. v. Sanofi to affirm the District of Delaware’s grant of summary judgment of lack of enablement for broad antibody claims that specify what the antibody does rather than what the antibody is.

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Does Copyright Notice Protect a Website?

Dear Rich IP Blog

Dear Rich: Does putting "Copyright 2023" at the bottom of page pages protect it from site visitors who download an image or narrative content? Placing a copyright notice on your website is like sticking a "Keep off the grass" sign on your front lawn. People who respect your property rights will stay off, and those who don't. you'll just have to chase them away.

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Baxalta Inc. v. Genentech, Inc. (Fed. Cir. 2023)

JD Supra Law

There has been, since the turn of the century, a steady, seemingly inexorable trend towards limiting patent rights and focusing the application of U.S. patent law towards an emphasis on preventing innovators from obtaining patent rights broader than the minimum to which they may be entitled. This focus puts putative interests the public may have in reducing present patent rights in favor of future ones, where granting such rights to present inventors (limited as they are in time) is more.

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[Sponsored] PatSeer Connect 2023: AI’s Role in Shaping the Future of Intellectual Property

SpicyIP

We are pleased to inform you that PatSeer is organizing its event “PatSeer Connect 2023” in Mumbai (October 6, 2023, Friday), Delhi (October 12, 2023, Thursday) and Chandigarh (October 13, 2023, Friday). For further details, please see their announcement below. Note: This is a sponsored post. PatSeer Connect 2023: AI’s Role in Shaping the Future of Intellectual Property PatSeer, a prominent player in the intellectual property (IP) field, is excited to announce PatSeer Connect

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The Fourth Circuit Court of Appeals Enters the Cheese Wars: Determining Genericness for Trademark Registration

JD Supra Law

Recently, the United States Court of Appeals for the Fourth Circuit considered whether “gruyere” cheese can be registered as a trademark in the United States, or whether it is merely a generic term that is not entitled to trademark protection. In its opinion in Interprofession du Gruyere v. U.S. Dairy Export Council, the court did not miss the opportunity for some cheesy puns.

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“User principle” damages for breach of copyright

LexBlog IP

The usual position in intellectual property infringement matters is that the successful applicant can elect between an account of profits or damages. However, what if the applicant has not suffered any direct loss as a result of the actions of the respondent that is held to have infringed its copyright? What are User Principle damages? [.

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Federal Circuit Evaluates Enablement for Antibody Claims for the First Time Since Amgen v. Sanofi in Baxalta Inc. et al. v. Genentech, Inc.

JD Supra Law

On May 18, 2023, the Supreme Court in Amgen Inc. v. Sanofi unanimously affirmed the Federal Circuit’s holding that U.S. Patent Nos. 8,829,165 and 8,859,741 did not enable certain functional genus claims describing a class of antibodies with unknown amino acid sequences. Amgen Inc. v. Sanofi, 598 U.S. 594 (2023).

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The 2023 Law360 Pulse Social Impact Leaders

IP Law 360

Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

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Judge Failla Not “On Board” with Amtrak’s Section 101 Arguments in Train-Traffic-Control Case

JD Supra Law

In a patent case involving claims directed to train-traffic-control systems, Judge Failla of the Southern District of New York denied Defendant Amtrak’s motion to dismiss, rejecting Amtrak’s arguments that Plaintiff Railware, Inc.’s patent claims were directed to an abstract idea. See Railware, Inc. v. Nat’l R.R. Passenger Corp., No. 22 Civ. 5013 (KPF), 2023 WL 5432860, at *1 (S.D.N.Y.

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Small Business To Do: Annual Report

LexBlog IP

Companies help owners limit their liabilities. That means the owner isn’t putting all of their own personal assets at risk due to the activities of the company. Generally, we business owners like that idea. But it does mean that those who interact with the business may be limited on recouping their damages if they are harmed due to a company’s actions or inactions.

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PTAB Rejects Double-Dose of Prior Art

JD Supra Law

In Sandoz Inc. v. Acerta Pharma B.V. (IPR2023-00478), a Patent Trial and Appeal Board (“PTAB”) panel denied IPR institution where the asserted prior art was cumulative of that considered during prosecution. This denial included prior art that was not cited during prosecution, but otherwise disclosed the same limitations that the Examiner previously found in different references.

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Williams Mullen Adds Tech-Focused IP Partner In Raleigh

IP Law 360

Southeast firm Williams Mullen announced that it expanded its intellectual property practice group with the addition of an experienced attorney in Raleigh, North Carolina, who focuses on technology-related patent work.

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Federal Circuit Revisits Standard for Enablement of Antibody Claims

JD Supra Law

In Baxalta Incorporated v. Genentech, Inc., 2022-1461, the Federal Circuit affirmed the district court’s decision granting Genentech’s motion for summary judgment that claims 1-4, 9, and 20 of U.S. Patent No. 7,033,590 (“the ’590 patent”) are invalid for lack of enablement.

Patent 68
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FTC Sues Anesthesiology Provider and PE Firm Over Anticompetitive “Roll Up” Scheme

LexBlog IP

As Mike Cassidy and Adam Appleberry discussed during their presentation at PBI’s A Day in Health Law earlier this month, private equity’s involvement in healthcare will be an interesting item to watch over the next few years. Just last week, the FTC sued the U.S. Anesthesia Partners, Inc. and their private equity backer Welsh, Carson, Anderson & Stowe, alleging a “multi-year anticompetitive scheme to consolidate anesthesia practices in Texas, drive up the price of anesthesi

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