Wed.Jan 10, 2024

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Understanding Wizards of the Coast’s New AI Art Debacle

Plagiarism Today

Wizards of the Coast has found itself at the center of yet another plagiarism scandal, this one involving an AI image in marketing materials. The post Understanding Wizards of the Coast’s New AI Art Debacle appeared first on Plagiarism Today.

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Site Blocking and Age Verification for Twitter, Instagram, Snap and Twitch?: Age Verification Lobby Confirms it Wants Bill S-210 to Cover All Social Media Sites

Michael Geist

Bill S-210 – the Protecting Young Persons from Exposure to Pornography Act – burst onto the public scene late last year as a majority of the House voted for the bill at second reading , sending it to the Public Safety committee for review. The bill, which is the brainchild of Senator Julie Miville-Duchêne , was supported by the Conservatives, Bloc and NDP with a smattering of votes from backbench Liberal MPs (the cabinet voted against, signalling it is not supported by the government

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Google Sees DMCA Takedown Requests Surge to New Highs

TorrentFreak

In 2012, Google expanded its transparency report with a new section dedicated to DMCA takedown requests. For the first time, outsiders were able to see which URLs were being targeted by copyright holders and in what quantity. The decision to make this information public was in part triggered by a rapid increase in removal requests. The increased activity impacted the “free flow of information”, the search engine argued.

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Ringgold and the FAIR Principles: How Ringgold Data and Metadata are Accessible

Velocity of Content

The FAIR Principles are vital to enabling the use of data, not just for people, but more importantly for machines. The FAIR principles are designed to address the necessary steps to make research data and the metadata attached to it FAIR (Findable, Accessible, Interoperable, and Reusable). FAIR enables the use of data and metadata for a wide range of use cases and without it, data is not consumable in a way that is needed to build upon research, to make it reproducible, or to provide it as a tru

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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 Litigation Funding Trends To Note In 2024

IP Law 360

Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

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Hope For Hollywood? Vietnam Police Raid Movie Piracy Group, Three Arrested

TorrentFreak

Vietnam’s approach to the protection of intellectual property rights has long been criticized by the United States, earning the country prominent placement in successive USTR Special 301 Reports. With the world’s largest online piracy operations now publicly linked to Vietnam, Hollywood has been urging authorities to take meaningful enforcement action.

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Claim Construction and its Role in Eligibility

Patently-O

by Dennis Crouch In 2022, the Federal Circuit issued a Judge Hughes decision in IBM v. Zillow invaliding the claims of IBM’s asserted claims as ineligible subject matter. Intl. Bus. Machines Corp. v. Zillow Group, Inc. , 50 F.4th 1371 (Fed. Cir. 2022) (U.S. Patent No. 9,158,789). In that case, Judge Stoll dissented in part, arguing that dismissal on the pleadings was inappropriate because the patentee had alleged plausible and specific facts showing that the claims embodied inventive conce

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NCAA President's Proposal Resets the Playing Field

JD Supra Law

With the College Football Playoff completed, the NCAA has reached an inflection point. After decades of austerity in providing benefits to student-athletes, NCAA President Charlie Baker recently sent a letter to Division I schools embracing and proposing change. Those changes include removing limitations for enhanced education benefits, providing the ability for schools to directly contract….

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2 Apple Wins Against Masimo Upheld By Fed. Circ.

IP Law 360

The Federal Circuit on Wednesday affirmed two of Apple's successful challenges to claims in patents by a medical technology developer named Masimo, which is trying to block the Apple Watch from being imported into the U.S. in a separate dispute.

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Does Not Compute: UK Supreme Court Rules That AI-Generated Inventions Cannot Receive Patents

JD Supra Law

As the use of artificial intelligence (AI) in developing new inventions and technologies becomes more prevalent, courts around the world are increasingly addressing whether new inventions developed by AI are eligible for patent protection. The UK Supreme Court recently addressed this question by holding that inventions developed solely by AI could not be granted patent protection.

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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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Upcoming Webinar! 2023 Trade Secrets & Non-Competes Year in Review

Trading Secrets

Tuesday, January 30, 2024 1:00 p.m. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m. Pacific REGISTER HERE About the Program Join Seyfarth’s partners, Michael Wexler, Robert Milligan, and Kate Perrelli for an insightful analysis of the key legal developments in 2023. Gain valuable perspectives that will equip you to navigate the challenges and capitalize on opportunities in this significant area.

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The New York Times Makes News by Suing OpenAI and Microsoft for Copyright Infringement

JD Supra Law

On December 27, 2023, The New York Times (the “Times”) filed a complaint against OpenAI and Microsoft in the Southern District of New York based on their claimed use of the Times’s works in creating generative artificial intelligence (“AI”) products. (The New York Times Co. v. Microsoft Corp. et al., Case No. 1:23-cv-11195). The complaint alleges seven counts of intellectual property-related causes of action, including the purported copyright infringement of millions of the Times’s copyrighted.

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Asian Tech Dominance, Examination Backlogs Highlight IFI CLAIMS’ Annual Patent Reports

IP Watchdog

The dominance of Asian tech companies in the U.S. patent space and the impacts of growing backlogs in patent examination were major takeaways from the Top 50 U.S. Patent Assignees and Global 250 Lists, published by IFI CLAIMS on January 9. The patent database developer also released a Top 10 Fastest Growing Technologies list reflecting the strong global popularity of smoking, whether via electrical device or in traditional cigarette form.

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Natera and the Power of the Patent

JD Supra Law

At least since the Supreme Court’s eBay decision in 2006, a vocal contingent has been decrying the erosion of patent rights. The entry of a preliminary injunction in Natera, Inc. v. NeoGenomics Laboratories, Inc. that would remove one of only two cancer-detection products of its kind from the market will not end the debate over patent strength. But it does provide a useful reminder of the power of patents.

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Cisco sues Apple over use of IPhone name

Likelihood of Confusion

Go figure. Unlike G. Matthew Lombard I did see fit to address this story, however little, before; and now, unlike me, Matthew’s giving it some serious attention. His post is. The post Cisco sues Apple over use of IPhone name appeared first on LIKELIHOOD OF CONFUSION™.

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Orexo AB v. Sun Pharm. Indus. Ltd. - Zubsolv® (Buprenorphine/Naloxone)

JD Supra Law

Case Name: Orexo AB v. Sun Pharm. Indus. Ltd., Civ. No. 20-12588 (GC/DEA), 2023 WL 4492095 (D.N.J. July 12, 2023) (Castner, J.) - Drug Product and Patent(s)-in-Suit: Zubsolv® (buprenorphine/naloxone); U.S. Patents Nos. 9,439,900 (“the ’900 patent”) and 11,020,387 (“the ’387 patent”).

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Copyright And Generative AI Developments To Watch In 2024

IP Law 360

This year could bring clarity to critical copyright issues raised by the recent surge of development in generative AI platforms, as Congress continues its legislative focus in this area and litigation tests theories of liability, say Joshua Weigensberg and Felicity Kohn at Pryor Cashman.

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Taking the Initiative: Proactive Litigation Strategies in Intellectual Property Disputes

JD Supra Law

In a world propelled by innovation and technology, the evolving nature of intellectual property (IP) law and the interconnectedness of global markets often lead to disputes and legal quandaries. When an entity or an individual believes their IP rights, be it a patent, a trademark, a trade secret, or a copyright, have been infringed upon, the typical first step is to send a demand or cease-and-desist letter to the alleged infringer.

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Jay-Z, Timbaland Keep Copyright Win As Judge Rejects Redo

IP Law 360

A Manhattan federal judge Wednesday refused to reconsider his decision tossing musician Ernie Hines' copyright action against Jay-Z, Timbaland and Ginuwine challenging their use of a guitar riff from Hines' song from the '60s, ruling that the reconsideration bid is untimely and doesn't ask the court to correct any legal error.

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Infographic | New Year’s resolution decalogue

Olartemoure Blog

Don’t let your New Year’s resolutions fade on a post-it note! We’ve crafted a decalogue to help you kick off the year with science-proven techniques to enhance your proactivity. VISUAL ORGANIZATION Use visual aids like charts and calendars for better organization. Leverage color-coding to categorize tasks and information. PRIORITIZE Use the 80/20 rule to focus on the most impactful activities that yield the greatest results.

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Union Funds Exit Amgen, Teva Antitrust MDL

IP Law 360

Teva Pharmaceuticals has settled its differences with the union funds making up the indirect purchase class in multidistrict litigation accusing it of hatching an illegal deal to remove a generic calcium-control drug from the market.

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Upcoming Webinar! How to Win Your Next Trademark Battle: Lessons Learned in 2023

LexBlog IP

Thursday, January 25, 2024 1:00 p.m. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m. Pacific REGISTER HERE About the Program Join Seyfarth partners Ken Wilton and Lauren Leipold for an examination of pivotal 2023 developments in trademark litigation, from U.S. Supreme Court decisions to new guidance from federal appellate courts, district courts, and the USPTO.

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Nickelback Says TM Challenger Strikes Sour Note At 5th Circ.

IP Law 360

An attorney for the band Nickelback told the Fifth Circuit on Wednesday that a Houston-area man is making "too many leaps of logic" by claiming the band stole one of his songs to make its 2005 hit "Rockstar," telling the court that his allegation that the band's label got a copy of his song and passed it along to Nickelback is thin at best.

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G+ Communications v. Samsung: No Requirement to Atone for Past Transgressions of Prior Owners

IP Watchdog

In the book / movie “The Shining”, the Overlook hotel is haunted by ghosts involved in past wrongs committed on the property, presumably to make the current inhabitants atone for such sins. Notwithstanding this transcendental precedent, Judge Rodney Gilstrap recently declined to extend such a notion to patents subject to Fair, Reasonable and Non-Discriminatory (FRAND) licensing related obligations.

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Kroger Urges Justices To Review TM Dispute With Grubhub

IP Law 360

The Kroger Co. has urged justices to review a Seventh Circuit decision that held Grubhub Inc.'s logo does not infringe the one used by Kroger's meal-kit delivery service Home Chef, arguing the lower courts did not conduct a full likelihood-of-confusion analysis between each product's fork-and-knife logo.

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FTC Prohibits X-Mode Social/Outlogic from Selling Sensitive Location Data

LexBlog IP

On January 9, 2024, the Federal Trade Commission (FTC) announced its settlement with X-Mode Social and its successor Outlogic that will prohibit them “from sharing or selling any sensitive location data that could be used to track people’s visits to sensitive locations such as medical and reproductive health clinics, places of religious worship and domestic abuse shelters.” The FTC’s settlement with X-Mode/Outlogic marks its first with a “data broker concerning the

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News Orgs Ask Congress For Copyright Clarity On AI Training

IP Law 360

News organizations urged Congress Wednesday to clarify that use of copyrighted content to train large language models is not fair use, telling a Senate panel that artificial intelligence will further erode revenues if they are not compensated for their work.

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Upcoming Webinar! 2023 Trade Secrets & Non-Competes Year in Review

LexBlog IP

Tuesday, January 30, 2024 1:00 p.m. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m. Pacific REGISTER HERE About the Program Join Seyfarth’s partners, Michael Wexler, Robert Milligan, and Kate Perrelli for an insightful analysis of the key legal developments in 2023. Gain valuable perspectives that will equip you to navigate the challenges and capitalize on opportunities in this significant area.

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AliveCor Gets PTAB To Look Into Apple Patents At Issue In Suit

IP Law 360

The Patent Trial and Appeal Board has agreed to review a pair of electrocardiogram technology patents owned by Apple Inc. that have been the subject of an infringement suit the tech giant filed against medical software company AliveCor Inc. in California federal court.

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Anne of Green Gables: A Musical Melodrama Behind the Scenes

Nelligan Law

Reading Time: 3 minutes The whimsical tale of “Anne of Green Gables” has always been a source of joy and inspiration for many, but behind the scenes, a legal drama worthy of its own theatrical production unfolded this past year. In a showdown fit for Broadway, the producers of “Anne of Green Gables: A New Musical” found themselves entangled in a trademark tussle that threatened the very name of their production.

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Artist Says Spirit Halloween Pin Design Echoes Her Copyright

IP Law 360

A Los Angeles-based designer is accusing Spirit Halloween of copyright infringement in a suit claiming that the country's largest Halloween retailer willfully made and sold unauthorized copies of her original "Spooky All Year" ghost pins.

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The University of Akron School of Law IP Center is Hiring a Research Fellow

IP Watchdog

The University of Akron School of Law IP Center is hiring a Visiting Assistant Research Professor. This is a one-year fellowship, renewable for a second year. The job is an entry level position ideal for a recent law grad who wants to work in IP law policy. The Fellow will have an opportunity to deeply engage with current IP law and policy issues and to develop a network with IP lawyers and policy experts.

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BREAKING: Biden Picks 6 For First New Court Nominations Of 2024

IP Law 360

President Joe Biden released his first round of new judicial nominees of 2024 on Wednesday, which includes picks for district courts in the District of Columbia, Rhode Island, Illinois, California, Michigan and Virginia.

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Understanding the Anti-Dissection Rule in Trademarks

Intepat

A trademark serves as a safeguard for a novel meaning assigned to an existing word or the creation of a new word linked to a product or service. However, a significant challenge in the realm of trademarks arises from the potential likeness between different trademarks. The fundamental requirement of a trademark is to prevent public confusion regarding its products, necessitating distinctiveness.

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Disbarred Atty Sues Patent Office 'To Find Out The Truth'

IP Law 360

A lawyer who was disbarred in North Carolina a decade ago over paying a client in a personal injury lawsuit is going to a Virginia federal court to contest the U.S. Patent and Trademark Office's decision that ejected him from practicing before the agency.

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