Fri.Nov 17, 2023

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OpenAI Joins Other Generative AI Companies in Offering Indemnity for Users Against (Some) Third-Party Infringement Claims

JD Supra Law

For users of generative AI programs, a growing concern has been with potential liability resulting from infringement claims by copyright owners whose materials were used to train the AI. At its annual DevDay conference in early November, OpenAI became the latest major company to address this by offering to indemnify certain users of its ChatGPT chatbot.

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Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23]

SpicyIP

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. The course is supported by Texas A&M University School of Law and will be delivered in-person at the Centre for Technology and Law, Dhirubhai Ambani Institute of Information and Communication Technology (DA-IICT), Gandhinagar on November 22 and 23.

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Report Shows Downward Patent Filing Trend for World’s Most Innovative Companies

IP Watchdog

On November 16, innovation intelligence firm Patsnap published the results of its 2023 Global Innovation Report, which measures a range of patent metrics to determine the most innovative companies in the world. This year’s Global Innovation 100 listing represents about a quarter of the globe’s entire patent filing activity. The report also includes a Global Disruption 50 listing of actively growing and young companies, reflecting the strength of both the United States and China in emerging techn

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Dozens of VPNs & Shadowsocks Named in Leaked Russian Blocking Document

TorrentFreak

As Russia tightens its grip on encrypted communications and tools with the ability to bypass government censorship, it was recently confirmed that 167 VPN services are actively blocked after failing to comply with state requirements. With that total expected to grow in the months ahead, a leaked document originating from Russia’s Ministry of Transport reveals details of what telecoms watchdog Roscomnadzor has planned for the near-term.

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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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On the Use of AI Likeness in Motion Pictures

The Illusion of More

In my book, published in 2020, I speculated about a biopic made with an AI-generated likeness of Carrie Fisher; and this week, Variety reports that a motion picture about Edith Piaf is now in development that will use AI-generated likenesses of the famed torch singer. So, now that the hypothetical is reality, what are the […] The post On the Use of AI Likeness in Motion Pictures appeared first on The Illusion of More.

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MPA & IPR Center Tackle ‘Holiday’ Piracy With New PSA Campaign

TorrentFreak

In recent years copyright holders have tried many things to dissuade the public from visiting pirate websites. Simply stating that piracy is illegal doesn’t appear to work very well, so this type of messaging often tries to appeal to other emotions. For example, anti-piracy campaigns frequently stress that piracy hurts normal workers as it costs the entertainment industry thousands of jobs.

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Microsoft Faces Patent Infringement Suit For Teams Videos

IP Law 360

A Virginia-based inventor filed a patent infringement lawsuit against Microsoft Corp. in Washington federal court Thursday, alleging that the tech giant unlawfully infringed his video conferencing patent.

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FTC Employs New Tactic in Effort Against Drug Makers Alleged to Have Improperly Listed Patents in the FDA’s Orange Book

JD Supra Law

On Nov. 7, 2023, the Federal Trade Commission (FTC) announced it is disputing the listing of more than 100 patents in the Food and Drug Administration’s (FDA) “Approved Drug Products with Therapeutic Equivalence Evaluations,” known as the “Orange Book.” The FTC’s announcement follows its Sept. 14 release of a policy statement outlining the Commission’s views the ways in which allegedly improper Orange Book patent listings may constitute violations of the antitrust laws, and committing the FTC to

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'Baby Shark' Trademarks Owner Scores $2.45M Default Win

IP Law 360

The owner of several "Baby Shark" trademarks won a default judgment against dozens of Chinese companies barring them from selling or making any products resembling the marks, after a federal judge found them in default.

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Both Sides of the Coin: Employment Separation from Two Perspectives

JD Supra Law

Employee separation commonly involves investigations, litigation, and eDiscovery. Many employees continue to access information from their employers after separation and almost ¾ of employers report that they’ve been negatively impacted by an employee breaching their digital security.

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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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Off The Bench: Harbaugh Sits, Pac-12 Chaos, A's Move OK'd

IP Law 360

In this week's Off The Bench, the University of Michigan, Jim Harbaugh and the Big Ten ceased their hostilities in court and on the sidelines; two Pac-12 schools won control of the conference but then had that control temporarily paused; and MLB owners unanimously approved the Oakland Athletics' move to Las Vegas.

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Intellectual Property in the Gig Economy: Navigating Ownership and Protection

JD Supra Law

In today’s agile business environment, the line between permanent staff and short-term talent has become increasingly blurred. The “gig economy” has rapidly matured into a core component of the global workforce. According to McKinsey & Company’s 2022 American Opportunity Survey, approximately 58 million Americans identified as independent workers participating in the gig economy.

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AI Can Help Lawyers Overcome The Programming Barrier

IP Law 360

Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

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[Video] Webinar | Intellectual Property Protection for Defense Contractors

JD Supra Law

There is no shortage of innovation among defense contractors, with equipment and technology steadily increasing in complexity and countless industries being proven to have a defense industrial base. Nevertheless, intellectual property protection is an often-overlooked concern for contractors. While obtaining and enforcing IP rights in the defense industry come with unique challenges, defense contractors should not forego the competitive advantages such assets can deliver.

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TTAB Orders Cancellation of Registration for Configuration of Glass-Breaking Device on the Ground of Section 2(e)(5) Functionality

The TTABlog

In a highly detailed and instructive opinion, the Board granted a petition for cancellation of a registration for the product configuration shown below, for a "spring-loaded glass-breaking device," on the ground of de jure functionality under Section 2(e)(5). The parties proceeded under the Accelerated Case Resolution (ACR) regime, waiving pre-trial disclosures and trial and submitting briefs accompanied by evidence in the form of declarations or affidavits.

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[Event] Business and Intellectual Property Litigation Super Conference - March 20th - 22nd, Philadelphia, PA

JD Supra Law

The practice of law is changing, from where we practice to how we preserve and present evidence. At DRI’s Business Litigation and Intellectual Property Super Conference, you will learn about generational differences impacting the practice of law, issues in front of the Supreme Court and the anticipated effects of future rulings, the sweeping changes affecting restrictive covenants, and much, much more.

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Other Barks & Bites for Friday, November 17: Supreme Court Code of Conduct; Google Files Lawsuit Over Fraudulent DMCA Claims; Copyright Office Extends Deadline for AI Comments

IP Watchdog

This week in Other Barks & Bites: A federal jury awards $83.4 million in damages to the University of Washington for Guardant Health’s infringement of their duplex sequencing technology; Google files a lawsuit against a group that fraudulently filed DMCA claims against its competitors; the U.S. Supreme Court publishes its first-ever code of conduct after months of public pressure; and the Copyright Office pushes back its deadline for comments on its artificial intelligence (AI) Notice of In

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FTC Advises Copyright Office on AI — AI: The Washington Report

JD Supra Law

Welcome to this week's issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. The accelerating advances in artificial intelligence (“AI”) and the practical, legal, and policy issues AI creates have exponentially increased the federal government’s interest in AI and its implications. In these weekly reports, we hope to keep our clients and friends abreast of that Washington-focused set of potential legislative, executive, and.

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M&B IP is Seeking an Associate Patent Attorney/Associate Patent Agent

IP Watchdog

We seek a qualified patent prosecutor to join our team at M&B IP. This is a full-time, permanent position located in New Jersey. The ideal candidate should be a registered patent attorney or patent agent with a background. We foster a supportive environment that values professional growth, encouraging our employees to expand their knowledge of new technologies and legal practices.

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Court Enters Final Judgement for $3 in Versata Software, Inc. v. Ford Motor Company

JD Supra Law

Brooks Kushman helped Ford Motor Company (“Ford”) secure final judgment of $3 in what was once a $1.4 billion claim for trade secret misappropriation, patent infringement, copyright infringement and breach of contract. The matter, Versata Software, Inc. v. Ford Motor Company, was filed in April 2015 in the U.S. District Court for the Eastern District of Michigan before the Honorable Mathew F.

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14,000 Words to Win It: Why Medtronic’s Appeal Strategy Backfired

Patently-O

by Dennis Crouch The Federal Circuit’s new decision in Medtronic v. Teleflex delves into the old pre-AIA law of inventorship and prior art. It also provides an important appellate procedure lesson with the court finding the appellant waived a key argument. Teleflex’s U.S. Patent No. RE46,116 claims methods for using a special extension for its guide catheter.

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What Are The Grounds For A Cease-And-Desist Letter?

JD Supra Law

If someone is hurting you or your business, one option is to send a cease-and-desist letter (also known as a “demand letter”). What is it, and what are the grounds for a cease and desist letter? This letter informs the recipient of their harmful action and warns them of the potential legal consequences of failing to stop.

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300% increase in Amazon river transport fares

Olartemoure Blog

The Superintendency of Industry and Commerce (SIC) has reacted quickly to the Association of Owners of River Boats of Putumayo and Amazonas (APROEF) and related transporters, taking action to suspend a rate agreement that could have raised the costs of river transport between the strategic ports of Leticia and Puerto Asis by 300%. The complaint filed with the SIC revealed anti-competitive practices in river transport between the La Esmeralda dock in Puerto Asis, Putumayo, and Victoria Regia in L

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USPTO Creates Design Patent Practitioner Bar

JD Supra Law

The USPTO has finalized plans to create a design patent practitioner bar, which will expand who is allowed to practice before the USPTO. The agency published a final rule in the Nov. 16 Federal Register making the change official.

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Bill 291 to protect corruption whistleblowers in Colombia

Olartemoure Blog

The National Government filed Bill 291, also called “Jorge Luis Pizano” in memory of the key witness of the Odebrecht case who died under strange circumstances. This Bill seeks to establish norms, procedures, and mechanisms to protect corruption’s whistleblowers within the Colombian private and public sector. The initiative prioritizes protection measures for journalists and citizens who investigate, and report acts of corruption and creates the Unified System for the Protection of W

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It's Complicated, Says Fortnite: Epic Games Entangled in Hanagami's TikTok Tango!

JD Supra Law

Hanagami v. Epic Games, Inc., No. 22-55890, (9th Cir. Nov. 1, 2023) In a pivotal decision that could expand copyright protection in the digital media world, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court’s dismissal of world-renowned choreographer Kyle Hanagami’s complaint alleging Epic Games, Inc. infringes part of Hanagami’s dance that is registered choreographic work with the U.S.

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Protecting information, how are organizations doing?

Olartemoure Blog

The Superintendency of Industry and Commerce has unveiled the results of the report on Security Measures in the Processing of Personal Data conducted on March 31, 2023. The report, which has been conducted annually since 2019, aims to analyze the status of the security measures implemented by organizations nationwide, based on the information submitted by obligated entities to the National Database Registry, overseen by this authority.

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Hiring Company’s Remedial Measures Protect Against a Threatened Temporary Restraining Order

JD Supra Law

In June 2023, a federal judge in the Northern District of Illinois denied Aon Corp.’s request for a temporary restraining order against Alliant Insurance Services, Inc. and nine former Aon employees after they allegedly poached 26 other Aon employees and misappropriated Aon’s trade secrets.

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Is “A Change [] Gonna Come”?: Music Publishers Sue AI Startup Anthropic for Copyright Infringement

LexBlog IP

The Lawsuit Another week, another lawsuit against generative AI. This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023, in the United States District Court for the Middle District of Tennessee “to address the systematic and widespread infringement of their copyrighted song lyrics” by Anthropic.

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[Webinar] 180 Days of UPC: How It Started… How It’s Going… - November 29th, 9:00 am - 10:00 am PST

JD Supra Law

Please join Fitch Even for a free webinar, “180 Days of UPC: How It Started… How It’s Going…,” on Wednesday, November 29, at 9:00 a.m. PST / 10:00 a.m. MST / 11:00 a.m. CST / 12 Noon EST. The Unified Patent Court (UPC) went live on June 1, 2023. While it’s still early, we now have almost six months of data on the unitary patent and the UPC to help guide decisions as to whether to request unitary effect for European patents, and whether to bring enforcement actions in the UPC.

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Taylor Shaye Designs LLC Takes On Shein Distribution Corp in Copyright Infringement Suit

Indiana Intellectual Property Law

Prairieville, LA – Plaintiff Taylor Shaye Designs LLC filed a complaint against Whitestown, IN Defendant Shein Distribution Corp for copyright infringement according to the U.S. Copyright Act, 17 U.S.C. § 101, et seq.

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USPTO Guidance on Design Patents Including a Computer-Generated Electronic Image

JD Supra Law

The USPTO has prepared soon to be published supplemental guidance for design patent examination for computer-generated electronic images. This guidance relates to determining whether a design patent claim including a computer-generated electronic image per se or a computer-generated electronic image shown on a display panel (e.g., computer screen, monitor, computer display system, mobile phone screen, virtual reality/augmented reality goggles), or a portion thereof, satisfies the article of.

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FDA's Lack Of Power May Limit FTC's Patent Challenge

IP Law 360

The Federal Trade Commission's challenge to more than 100 pharmaceutical patents builds on the agency's close attention to factors impacting drug pricing, but it may not have any immediate force given the limited power of its sister agency the U.S. Food and Drug Administration, attorneys say.

Patent 45
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Would You Hire a Monkey to Write Your Ad Copy? - Kattison Avenue | Issue 11

JD Supra Law

If you sit a group of monkeys down in front of typewriters and allow them to hit the keys at random for an infinite amount of time, you'll almost surely have the next Netflix pilot, not to mention the complete works of William Shakespeare.

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FTC Orange Book Move Signals New Pharma Patent Scrutiny

IP Law 360

The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.

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