Thu.Mar 14, 2024

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Judge Rules Craig Wright is Not Bitcoin Inventor Satoshi Nakamoto

Plagiarism Today

For nearly a decade, Craigh Wright has claimed to be Bitcoin creator Satoshi Nakamoto. However, those claims just took a major blow. The post Judge Rules Craig Wright is Not Bitcoin Inventor Satoshi Nakamoto appeared first on Plagiarism Today.

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Cox Requests Rehearing of Piracy Case That ‘Threatens to Throw Countless People Offline’

TorrentFreak

Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. The biggest hit came four years ago when the Internet provider lost its legal battle against a group of major record labels, including Sony and Universal. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, and ordered the company to pay $1 billion in damages to the labels.

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3 Count: Hospital Infringement

Plagiarism Today

Architecture firm sues over hospital design, US government says no new rules for NFTs and Oppenheimer piracy boosted by Oscar win. The post 3 Count: Hospital Infringement appeared first on Plagiarism Today.

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Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit

The IP Law Blog

OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. On February 12, 2024, a District Court in the Northern District of California issued its Order and ruled on the OpenAI defendants’ motions to dismiss various claims in the two pending putative class action lawsuits.

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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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Nintendo Hits Circumvention Tool Linkers With DMCA Trafficking Violations

TorrentFreak

It took less than a week for Nintendo’s lawsuit against the company behind the Yuzu Switch emulator to have the desired effect. After agreeing to hand over $2.4m to Nintendo while complying with the terms of a broad injunction, Tropic Haze LLC evaporated in all but name and its developers drifted away into the night, apologetic and presumably penniless.

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Responding to Obviousness Rejections in Light of the USPTO’s New Guidance

IP Watchdog

The United States Patent and Trademark Office (USPTO) recently released new guidance to patent examiners on making obviousness rejections. The guidance focuses on post-KSR precedential jurisprudence from the U.S. Court of Appeals for the Federal Circuit. Some of the guidance is fairly mundane, some of it is not. The purpose of this article is to propose a few responses one might use to counter rejections that apply certain problematic aspects of the new guidance.

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USPTO Wants Input on How to Better Commercialize Innovation

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today issued a Request for Comments (RFC) that will be published in the Federal Register tomorrow seeking input from the public on how to better incentivize commercialization of innovation, particularly in green and critical or emerging technologies. According to the RFC, the comments received “will be used to evaluate possibilities for amplifying the impact of our current work, and to explore new ways to support the transfer of innovation to the mark

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Vet-Themed T-Shirt Co. Wins $700K In Army Motto TM Trial

IP Law 360

An Illinois federal jury awarded Chicago-based T-shirt company Grunt Style LLC $739,500 on Thursday, agreeing with the company's claim that a California competitor illegally used the phrase "This We'll Defend" in connection with its online retail store.

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Corporate Social Responsibility | The Extent, Advancements, And Challenges In India

IP and Legal Filings

Introduction The main factor driving the country’s rapid adoption of corporate social responsibility is the fact that India has one of the fastest-growing economies, and socioeconomic issues like poverty, illiteracy, a lack of access to healthcare, etc. are still widespread and the government has little resources to address these issues. This has made it possible for many companies to support in the development of society.

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Key forthcoming EU legislation on Cybersecurity, Artificial Intelligence, Data and Digital Markets

JD Supra Law

NETWORK AND INFORMATION SECURITY 2 DIRECTIVE (NIS2) - WHO WILL BE IN SCOPE? Operators of essential and important services across various sectors including energy, transport, banking, health, medical devices, chemicals and digital. In-scope entities in the digital sector include infrastructure providers (including cloud computing) as well as other digital providers such as online marketplaces, search engines and social networks.

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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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The Ninth Circuit’s Broad (and Wrong) Standards for Conversion–Taylor v. Google (Guest Blog Post)

Technology & Marketing Law Blog

by Kieran McCarthy Recently, there has been a revival of anemic trespass to chattels claims in California. And so perhaps we should not be surprised that California courts have opened the door to a resurgence in anemic digital conversion claims, as well. If Taylor v. Google is any indication, that door is now very much ajar. On February 28th, the Ninth Circuit held that plaintiffs had properly pleaded a conversion claim against Google because Google’s passive data transfers of cellular data had

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Join IP.com at Booth #111 for Exclusive AI Innovations at FLC National Meeting 2024

IP.com

Join IP.com at Booth #111 at the FLC National Meeting 2024 Exciting News! IP.com will proudly sponsor the FLC National Meeting 2024 at the Sheraton Dallas Hotel, April 9-11. Join industry leaders for insightful discussions on federal tech transfer. Keynote speakers Carmen Medina and Pam Henderson share expertise on government innovation and accelerating knowledge dissemination.

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[Guest Post] Complexities of audiovisual copyright claims in Nigeria: Ini Edo and Chinenye Nworah’s dispute over Shanty Town (Neflix)

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie. Here’s what Nkem writes: Complexities of audiovisual copyright claims in Nigeria: Ini Edo and Chinenye Nworah’s dispute over Shanty Town (Netflix) by Nkem Itanyi Late last month (February), it was reported in the news that t

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Guest post by @TheBlakeMorgan: A musician’s view of the TikTok legislation

The Trichordist

Blake Morgan gives his perspective on why TikTok has to go down.

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SEC v Panuwat: The SEC’s Novel “Shadow Trading” Insider Trading Case Goes to Trial 

JD Supra Law

Insider trading is a concept that most people are generally familiar with. In its simplest form, it involves a corporate insider trading in securities of his or her corporation on the basis of material nonpublic information (MNPI) about that corporation. “Shadow trading”, on the other hand, involves misappropriation of confidential information about one company to trade in securities of a second company where there is a sufficient “market connection” between the two companies.

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Earth, Wind & Infringement: TM owner succeeds against overclaiming "reunion" band

43(B)log

Earth, Wind & Fire IP, LLC v. Substantial Music Group LLC, F.Supp.3d -, 2024 WL 1025265, No. 23-20884-CIV-MORENO (S.D. Fla. Mar. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). But with nominative fair use, courts engage in more unfair competition/normative reasoning.

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Major Life Sciences Licensing Deal Trends in China in 2023

JD Supra Law

This is the first of two articles focused on 2023 life sciences deals in China. The second article, which is coming soon, looks at trends in M&A. In 2023, there were 240 reported life sciences licensing deals in China, an increase of almost 50% compared to 2021.

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The case law of the German Federal Court of Justice (Bundesgerichtshof) and selected other German courts in 2022 – Part I

Kluwer Copyright Blog

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). This article summarises the most important BGH copyright decisions in 2022 as well as selected lower-court case law.

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PTAB Denies Parallel IPR Petition

JD Supra Law

The PTAB recently denied Intel’s (Petitioner) parallel IPR petition (IPR2023-01140) against AX Wireless (Patent Owner) challenging certain claims of U.S. Pat. No. 10,917,272. The denial came after Intel filed a separate petition (IPR2023-01139) challenging different claims of the ’272 patent the day before it filed the -01139 petition, which was granted.

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Atty Claims Privilege On Docs In Patent Suit Origin Probe

IP Law 360

An attorney whom Delaware Judge Colm Connolly is considering referring for disciplinary action as part of a probe into third-party patent litigation control and funding turned over some documents requested by the judge on Thursday, but said others are being withheld as privileged.

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Protect Your Brand: 8 Advantages of Trademark Registration

JD Supra Law

Your company’s trademarks are an integral part of its brand and identity. Registering your trademarks with the United States Patent and Trademark Office provides valuable advantages for defending against trademark infringement by competitors and enforcing your intellectual property rights.

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calling an accepted Rule 68 offer a judgment of infringement could be defamatory

43(B)log

Double Diamond Distribution Ltd. v. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. Colo. Mar. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete in the shoe market. In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

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The End of Judge-Shopping in Patent Cases?

JD Supra Law

On March 12, 2024, the Judicial Conference of the United States announced that in certain types of cases, it will change how cases are assigned to judges, which will limit the ability of litigants to choose which judge is assigned to their case.

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ECCTA Updates: A Closer Look at the First Set of Companies House Reforms

Cogency Global

What this is : ECCTA reforms envisages the biggest overhaul of Companies House (the Registrar) since 1844. The changes under ECCTA will happen in several stages and the first of those changes are being introduced in March 2024. What this means : We have been closely following the updates on this important UK legislation that will impact every company already registered in the UK and anyone who intends to incorporate a new company.

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Optimizing Obviousness: Routine Optimization Can Fill in Prior Art Gaps

JD Supra Law

In an appeal from a Patent Trial & Appeal Board finding of invalidity, the US Court of Appeals for the Federal Circuit held that the result-effective variable doctrine can apply even when there is no overlap between a claimed range and a prior art range. The Court also held that before denying a motion to amend, the Board must address every element of proposed claims, and that a party cannot challenge the US Patent & Trademark Office (PTO) Director Review procedure if it cannot show prej

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Whitestone Can't Rep Both Plaintiff, Funder In Netflix IP Case

IP Law 360

Whitestone Law cannot represent both a Finnish inventor in his patent infringement case against Netflix and a nonparty that paid some of the inventor's legal bills, a California federal judge ruled Thursday, saying the two are now at odds following accusations by Netflix against both.

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Arbitrator Awards Company $155M for Competitor’s Use of Its Confidential Information

JD Supra Law

An American Arbitration Association arbitrator recently awarded Black Knight, Inc. (BK) $155M stemming from Pennymac Loan Services, LLC’s (Pennymac) alleged use of its mortgage-loan servicing platform to develop its own competing product. Though the arbitrator did not find Pennymac liable for trade secret misappropriation, they found that the use of BK’s product accelerated the development of Pennymac’s product and caused BK to lose licensing profits.

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DOJ, FTC Tell Copyright Office To Expand Right To Repair

IP Law 360

Federal law enforcement and trade officials said Thursday that the U.S. Copyright Office should not only retain a policy that gives consumers more leeway to fix things like cars, it should also expand those protections to things like industrial equipment.

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Patent Case Summaries | Week Ending March 8, 2024

JD Supra Law

Chewy, Inc. v. International Business Machines Corp., No. 2022-1756 (Fed. Cir. (S.D.N.Y.) Mar. 5, 2024). Opinion by Moore, joined by Stoll and Cunningham. IBM owns two patents that generally relate to improvements in web-based advertising. Chewy sued IBM seeking a declaratory judgment of noninfringement of both patents. After claim construction and discovery, Chewy moved for summary judgment of noninfringement of certain claims and separately moved for summary judgment that certain claims are.

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IP Forecast: Internet Archive Fights Vinyl Copyright Case

IP Law 360

A California federal judge will hear arguments next week over whether the Internet Archive can toss accusations from record labels that describe its project for a free, digitized library of 78 rpm records as a "wholesale theft of generations of music." Here's a look at that case, plus all the other major intellectual property matters on deck in the coming week.

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March Madness: NCAA Pausing NIL Investigations Following Federal Court Ruling

JD Supra Law

“March Madness” started early this year as the US District Court for the Eastern District of Tennessee recently granted a preliminary injunction enjoining the National Collegiate Athletic Association (NCAA) from enforcing rules prohibiting student-athletes from negotiating name, image, and likeness (NIL) agreements with third parties, including NIL collectives (i.e., “organizations created by alumni, boosters, or businesses with the purpose of providing NIL opportunities to their school’s.

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Water Treatment Co. Must Face Rival's Trade Secrets Suit

IP Law 360

A Tennessee federal judge has found that certain issues in a trade secrets suit against industrial water treatment service company ChemTreat need to go before a jury, shooting down arguments including that no trade secret was adequately identified.

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That’s So Metal: Narrow Limitation Doesn’t Contradict Broader One

JD Supra Law

The US Court of Appeals for the Federal Circuit reversed a district court’s indefiniteness determination, finding that two claim limitations – one broad and one narrow – were not contradictory since it was possible to meet the requirements of both. Maxell, Ltd. v. Amperex Technology Limited, Case No. 23-1194 (Fed. Cir. Mar. 6, 2024) (Prost, Taranto, Chen, JJ.).

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2nd Circ. Affirms Breitling Fair Use Win In 'Red Gold' TM Suit

IP Law 360

A split Second Circuit panel on Thursday affirmed a Connecticut federal judge's decision that Breitling USA Inc. fairly used the phrase "red gold" to describe the color of its products after a California jeweler with a 2003 trademark registration battled the Swiss watchmaker over its use of the phrase.

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Read the Fine Print: Covenant Not to Sue “At Any Time” Terminated Upon License Expiration

JD Supra Law

Illustrating the importance of carefully drafting and reviewing language in a covenant not to sue, the US Court of Appeals for the Federal Circuit found that the plain language of a covenant permitted a licensor to sue a licensee for breach of contract only after termination of the contract. AlexSam, Inc. v. MasterCard Int’l., Inc., Case No. 22-2046 (Fed.