Fri.Sep 06, 2024

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Other Barks & Bites for Friday, September 6: House Version of PERA Introduced; Judicial Council Confirms Extension of Newman Suspension; OpenAI Asks Court to Dismiss Claims and Focus on Fair Use in Copyright Battle

IP Watchdog

This week in Other Barks & Bites: A House version of the Patent Eligibility Restoration Act (PERA) is introduced; Judge Pauline Newman’s suspension from hearing cases at the Federal Circuit, on which she has served for 40 years, is officially extended by the court’s Judicial Council; OpenAI asks a New York court to dismiss several claims in one of its copyright infringement lawsuits in order to focus on fair use; China strengthens IP ties with Belt and Road Initiative Partners; and a Texas

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Man Arrested for Sharing Copyright Infringing Nude Scenes Through Reddit

TorrentFreak

The web is riddled with copyright infringing content, ranging from full-length blockbuster films, through small music samples, to reposted celebrity photos on social media. Not all of these offenses are equally problematic. Law enforcement authorities may go after the operators of large-scale pirate sites or services, but posting short film clips without permission typically doesn’t lead to trouble.

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 Heroes and Villains in Copyright Fights

The Illusion of More

After Internet Archive (IA) lost its copyright infringement suit with major publishers this week, the organization wasted no time alleging that great harm has been done to society. As if it had the posts ready to go, IA alleged that research itself was in peril and even went so far as to shamelessly post on […] The post Heroes and Villains in Copyright Fights appeared first on The Illusion of More.

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Judge Newman's Suspension Extended For Another Year

IP Law 360

Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.

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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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That’s All Folks: KimCartoon’s 120m Visit Piracy Caper Ends in a DMCA Disaster

TorrentFreak

It has been a rough couple of weeks for people who love cartoons but prefer not to pay for them. The simultaneous disappearance of Aniwave and the connected Anix last week left a massive hole in the pirate market. The pair serviced at least one, and maybe as many as two, billion visits in the previous 12 months alone. While those platforms focused on Japanese anime, KimCartoon offered a much wider variety of cartoons.

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Actelion Must Face Tracleer Antitrust Suit, As A Certified Class

IP Law 360

A Maryland federal judge refused Friday to toss an antitrust suit accusing Actelion Pharmaceuticals of illegally denying generics companies the samples they needed to produce generic versions of its hypertension drug Tracleer, while separately certifying the case as a class action comprised of "hundreds" of insurers and self-funded employers.

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7th Circ. Skeptical Of Bid To Revive Fraud Claims Against Firm

IP Law 360

The Seventh Circuit seemed inclined Friday not to disturb lower court rulings that sunk a litigation funder's fraud and damages claims against a law firm that abruptly dropped the business to represent a former employee who left to open a competing venture.

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Second Circuit Rejects Internet Archive’s Controlled Digital Lending Scheme

Copyright Alliance

For a second time, IA’s fair use defense is soundly rejected by a federal court On September 4, a panel of judges in the U.S. Court of Appeals for the […] The post Second Circuit Rejects Internet Archive’s Controlled Digital Lending Scheme appeared first on Copyright Alliance.

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Virginia Court of Appeals Reverses Record $2 Billion Verdict, Emphasizing Damages Resulting from Misappropriation Must Actually Be Proved Under Virginia Trade Secrets Law

JD Supra Law

The Virginia Court of Appeals recently issued a consequential trade secrets ruling, reversing a jury’s multi-billion dollar damages award, and finding that the trial court committed several legal errors which improperly led to the largest damages verdict in Virginia’s history. The case, Pegasystems Inc. v. Appian Corp., No. 1399-22-4, involved two companies in the business process management (BPM) industry, each of whom offer platforms that enable third party business customers to build complex.

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Press Release: Indie Songwriter Groups Thank @RepFitzgerald For His Letter to @CopyrightOffice Urging Improvements to the US Mechanical Licensing Collective

The Trichordist

Representative Scott Fitzgerald asks the Copyright Office to set conditions for the renewal of the MLC, Inc. as the mechanical licensing collective.

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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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Novartis Loses Bid for Preliminary Injunction Against MSN Pharmaceuticals

JD Supra Law

Judge Andrews of the District of Delaware recently denied Novartis’s request for a preliminary injunction against MSN Pharmaceuticals. Novartis Pharm. Corp. v. MSN Pharm. Inc., Civil Action No. 20-md-2930-RGA, Dkt. No. 1456 (D. Del. Aug. 12, 2024).

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Engagement rings in the news

43(B)log

I'm quoted in this story about a dispute in front of the Massachusetts Supreme Judicial Court this week. In the courts of talking to the reporter, I learned that there have been a couple more state supreme court cases since I last looked, including one, Cummins v. Goolsby , 255 So.3d 1257 (Miss. 2018), in which the court refused to follow the no-fault, man always gets the ring back rule, but only because he was still married to someone else when he gave her the ring.

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Cognac Scores a Win for Certification Marks

JD Supra Law

Cognac, which originates from a specific region of France and is named after the commune of Cognac, is far more popular outside its native country. Indeed, according to the industry group Bureau National Interprofessional du Cognac or BNIC, an astonishing 98% of cognac is exported.

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Crypto Project Finds Shkreli's Wu-Tang Claims 'Dubious'

IP Law 360

The crypto project suing Martin Shkreli for allegedly harming the value of a one-of-a-kind Wu-Tang Clan album on Friday urged a federal judge to ensure Shkreli "fully" complies with an order directing him to surrender all copies of the album after the project found his recent submission lacking.

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The NTIA Report and California AI Bill: A New Era for Open Model Governance

JD Supra Law

Open models play a crucial role in fostering a diverse and innovative AI ecosystem. But their irrevocable accessibility also presents challenges for preventing downstream misuse—and that has caught the government’s attention.

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Fed. Circ. Revives ParkerVision Patent Suit Against Qualcomm

IP Law 360

The Federal Circuit on Friday revived a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, ruling that a Florida judge wrongly relied on earlier decisions to grant summary judgment to Qualcomm and exclude ParkerVision's experts.

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[Audio] (Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case

JD Supra Law

A New York Judge dismissed former Rep. George Santos’ lawsuit against Jimmy Kimmel Live over the late-night host’s use of personalized Cameo videos in one of his segments. Scott Hervey and Tara Sattler discuss this decision on this installment of The Briefing.

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Takeaways From Fair Use Rejection Of Free E-Book Library

IP Law 360

The Second Circuit's decision shutting down a fair use argument by Internet Archive over its system of scanning physical books and converting them into e-books to lend for free is a resounding victory for book publishers that argued their market was in danger of being supplanted.

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[Video] The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case

JD Supra Law

A New York Judge dismissed former Rep. George Santos’ lawsuit against Jimmy Kimmel Live over the late-night host’s use of personalized Cameo videos in one of his segments. Scott Hervey and Tara Sattler discuss this decision on this installment of The Briefing.

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T.I. Tells Jury 'Anyone With Eyes' Can See MGA's IP Theft

IP Law 360

Grammy-winning hip hop artist T.I. on Friday told jurors weighing his intellectual property suit against toymaker MGA Enterntainment that anyone could see the similarities between the company's O.M.G. doll line and the OMG Girlz pop group that the rapper co-owns, but he's not sure the company CEO knew of any alleged idea theft.

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The Final Word on an Alleged Infringer’s Intent in a Hatch-Waxman Safe Harbor Analysis

JD Supra Law

We have been monitoring the dispute between Edwards Lifesciences Corp. (“Edwards”) and Meril Life Sciences Pvt., Ltd. (“Meril”) before and after the initial Federal Circuit decision. The dispute focused on whether Meril’s importation of two transcatheter heart valve systems to display at an industry conference fell within the Hatch-Waxman safe harbor.

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ITC Judge Partially Clears Voltage Of Infringing Solar Patent

IP Law 360

North Carolina solar provider Voltage LLC's imports of a "trunk bus" power transmission system infringe a patent owned by Tennessee-based competitor Shoals Technologies Group Inc., but a revised design of the product does not, an administrative law judge of the U.S. International Trade Commission has found.

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What Makes a Case Exceptional?

JD Supra Law

What Makes a Case Exceptional? Panel: Chief Judge Moore and Judges Lourie and Albright,[1] with Judge Albright authoring the opinion. You should read this case if: you are seeking or opposing an award of attorneys’ fees under 35 U.S.C. § 285.

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Music Publishers Argue Its AI Copyright Case Is Different

IP Law 360

Music publishing companies suing an artificial intelligence company over using song lyrics say that their copyright lawsuit is different from some other copyright suits against AI developers.

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Outkast Sues EDM Group Called “ATLiens” for Trademark Infringement

JD Supra Law

Hip-hop legends Outkast recently filed a lawsuit against an Atlanta-based EDM duo for trademark infringement and unfair competition over the use of the group’s name, “ATLiens.” Outkast claims it coined the term “ATLiens” (pronounced A-T-L-iens, a portmanteau of the abbreviation “ATL,” standing for Atlanta, with the word “aliens”) and the group famously used the term as a song title and album name for their 1996 sophomore album.

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Ingersoll Rand Blocks Rival From Hiring Ex-Exec In NDA Fight

IP Law 360

A Colorado state court has preliminarily blocked the former chief executive of a company acquired by industrial products giant Ingersoll Rand Inc. from working for rival Avantor, finding Ingersoll Rand will likely win its claims that the executive specifically agreed not to work for Avantor as a condition of the acquisition.

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How to Choose a Trademark for Your Cannabis Brand

JD Supra Law

Building a strong and distinctive brand identity for your business is crucial for driving sales, fostering consumer loyalty, and standing out in any industry, and more so for emerging and rapidly evolving sectors such as cannabis and psychedelics. Trademarks are essential for protecting your brand's name, logo, and overall image. By understanding what cannabis-related businesses can apply for trademark protection and the importance of creating and protecting strong trademarks, cannabis companies

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NJ Medical Co. Claims Ex-Employees Conspired To Form Rival

IP Law 360

A New Jersey medical communications agency said Friday that four of its former employees and the onetime U.S. president of biopharmaceutical company PharmaEssentia used its confidential information in a scheme to form a rival firm and steal millions of dollars of work from it.

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Issue 45: PTAB Trial Tracker

JD Supra Law

In Pfizer Inc., v. Sanofi Pasteur Inc., SK Chems Co. Ltd., v. Vidal, 2019-1871 (March 5, 2024), the Federal Circuit affirmed the Board’s conclusions that claims 1–45 of U.S. Patent No. 9,492,559 were unpatentable due to obviousness.

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Attys Urge Justices To Shield 'Corporate Veil' In TM Case

IP Law 360

More briefs landed Friday in the "Dewberry" trademark case currently before the U.S. Supreme Court — this time, from two groups of intellectual property lawyers who are concerned about the use of the Lanham Act to "pierce the corporate veil.

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PTAB May Not Discretionarily Deny Institution Where Different Petitioners Do Not Share a 'Significant Relationship'

JD Supra Law

The Patent Trial and Appeal Board exercised its discretion under General Plastic to deny institution of a follow-on petitioner’s request for inter partes review despite determining that the petitioner did not have a “significant relationship” with a previous petitioner that had challenged the same patent.

Patent 62
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Marc Jacobs Brushes Off Eyeshadow TM Suit

IP Law 360

A Korean skin care company that alleged an eyeshadow line from Marc Jacobs infringed its trademark for an anti-aging eye cream has lost its case, with a California federal judge finding the Eye-Conic cosmetics from Marc Jacobs Beauty would not likely be confused with Amarte's Eyeconic eye cream.

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Director Says Typo Was Read Incorrectly

JD Supra Law

On July 30, 2024, Director Vidal ordered patent board judges to revisit a ruling on “an obvious typographical error.” See Hesai Technology Co. Ltd., Hesai Group, and Hesai Inc. v. Ouster, Inc., IPR2023-01485. Director Vidal, using the direct intervention powers granted to her by U.S. v. Arthrex, vacated the board’s denial of institution to revisit how the board read a 2011 patent owned by Ouster.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.

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10th Cir. on DJ’s in TM

Likelihood of Confusion

Originally posted 2010-06-28 01:00:06. Republished by Blog Post PromoterThe DeMoines firm of McKee Voorhees & Sease has a very interesting looking IP blog called Filewrapper®. Here they report on a Tenth Circuit case clarifiying the applicable standard for declaratory judgment jurisdiction in trademark infringement cases: The court held that the “reasonable apprehension of suit” standard […] The post 10th Cir. on DJ’s in TM appeared first on LIKELIHOOD OF CONFUSION™.