Wed.Feb 23, 2022

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3 Count: AI Copyright

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: The US Copyright Office Says an AI Can’t Copyright its Art. First off today, Adi Robertson at The Verge reports that the U.S. Copyright Office has declined to register the copyright of an AI-created image that it says did not include an element of “human authorship.” The decision was made by the three-person Copyright Review Board, which was reviewing an earlier denial of registration by the U.S.

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Thaler Loses AI-Authorship Fight at U.S. Copyright Office

IP Watchdog

In an opinion letter dated February 14, 2022, the Review Board of the United States Copyright Office (Review Board) affirmed a decision of the U.S. Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. Established by regulation in 1995, the Review Board is responsible for hearing final administrative appeals following two opportunities for a claimant to appeal copyright r

Copyright 145
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Unvaccinated Parents Risk Losing Parenting Time

Nelligan Law

Reading Time: 3 minutes Since the rollout of the COVID-19 vaccines, parents who do not see eye-to-eye on vaccinating their children or themselves are turning to the courts. Across the country, courts are recognizing that their expertise is law and not medicine. They are taking judicial notice of the safety and efficacy of vaccines. Parents who don’t give consent to vaccinate their child may find that the courts will order that their consent is not required, unless they can overcome that presumpt

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TVAddons’ Adam Lackman Admits TV Show Piracy, Agrees to Pay US$14.5m

TorrentFreak

Mid-June 2017 and in the wake of a lawsuit filed in the United States by broadcaster DISH Network, TVAddons – the largest third-party Kodi add-on repository at the time – disappeared from the Internet. All signs pointed to the events being connected but by August 2017, a bigger picture was emerging. On June 2, 2017, a coalition of Canadian telecoms giants including Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, had filed a copy

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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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Defending Design Patents

Patently-O

Guest post by Professors Sarah Burstein (University of Oklahoma) and Saurabh Vishnubhakat (Texas A&M University). In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected.

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Intellectual Property (IP) Challenges Faced in the Digital Economy

Kashishipr

In the present emerging digital economy, innovators keep coming up with new ideas for the manufacturing sector with the potential to change and evolve the already existing ways of working and discover new ones. The issue that the manufacturers in different industries face is not that today’s technology has transformed and become exceedingly complicated.

More Trending

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National Black History Month: Honoring a Century of Excellence in Data Collection and Use

U.S. Department of Commerce

National Black History Month: Honoring a Century of Excellence in Data Collection and Use. February 23, 2022. KCPullen@doc.gov. Wed, 02/23/2022 - 17:18. For more than 100 years, African American leaders in the Department of Commerce have been making significant, innovative contributions to our collection of data to help us better understand our country and our world.

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Reddit Banned 2,625 Subreddits For Excessive Copyright Infringement in 2021

TorrentFreak

As one of the more popular user-submitted content sites on the internet today, Reddit and its community moderators have to work hard to keep the platform in order. In 2021, Reddit’s users created nearly 5.8 billion posts, comments, private messages and chats across the platform, with 297,161,752 later being removed by moderators (around 175.8k), removed by site admins (108.6K), and the authors themselves (12.6K).

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[Audio] Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage

JD Supra Law

On the latest Law Brief® episode, Host Rich Schoenstein is joined by Intellectual Property Partner Mark Rosenberg to talk about secondary sales of products on the internet, including the Amazon Marketplace. Mark explains how the original seller can protect themselves from such activities. Law Brief®, available on iTunes, Spotify, and Twitter, provides short discussions of current legal issues of interest, designed for non-experts on the go.

Law 98
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While CBD is Widely Available, Registering Marks for Ingestibles with CBD is Not

LexBlog IP

In two recent decisions, the Trademark Trial and Appeal Board (TTAB) made it abundantly clear that attempting to register a mark for ingestibles containing cannabidiol (CBD) likely will be an exercise in futility. In In re Harbor Hemp Company LLC , SNs 88377702 and 88377730 (TTAB Jan. 27, 2022) [not precedential] and In re AgrotecHemp Corp. , SN88979905 (TTAB Feb. 10, 2022) [not precedential], the TTAB uniformly held that the applicants in those cases did not have a bona fide intention to use th

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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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Priority for Foreign Filing of Design Patent Applications

JD Supra Law

Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. You want to file a patent application to protect the design. Can you file a design patent application? The answer is YES.

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To sell or to license: how to choose the right strategy to commercialise technology rights

IAM Magazine

There are a number of issues to consider when transferring rights in a technology to another entity. Whether a company opts to sell or license, awareness of the local rules in which the transfer will take place is vital.

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Bill C-11’s Foundational Faults, Part Two: The Regulate-It-All Approach of Treating All Audio-Visual Content as a “Program”

Michael Geist

My first post in a series on foundational faults in Bill C-11 focused on the virtually limitless reach of the CRTC’s jurisdictional power over audio-visual services. The starting point in the bill is that all audio-visual services anywhere in the world with some Canadian users or subscribers are subject to the Canadian jurisdiction and it will fall to the Commission to establish thresholds exempting some services from regulation.

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Fair Use Week: A Salute (of sorts) to Lenz v. UMG

The Illusion of More

Well, here we are again. Fair Use Week. Ninth annual. I still don’t know why this doctrine in copyright law should be observed on the calendar, let alone for a whole week carved out of Black History Month. But in 2013, some anti-copyright ideologues thought it should be a thing, so now it’s a thing. […]. The post Fair Use Week: A Salute (of sorts) to Lenz v.

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Applying G1/21 (ViCo oral proceedings): The real test is yet to come

The IPKat

At the tail end of last year, the Enlarged Board of Appeal (EBA) reached its decision in G 1/21 on the legality of mandatory video conferencing (ViCo) oral proceedings. The EBA found that the mandatory use of ViCo was appropriate during a state of general emergency impairing the parties' ability to attend in-person proceedings. So far, applying G 1/21 has been reasonably straightforward for the Boards of Appeal, given the rise of the Omicron variant and the consequent continued state of general

Patent 82
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Infographic | New compliance direction

Olartemoure Blog

La entrada Infographic | New compliance direction se publicĂł primero en OlarteMoure | Intellectual Property.

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TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?

The TTABlog

The Board's shutout streak in Section 2(d) appeals is up to 33 affirmances and no reversals. Here are the latest three decisions. Has the streak been broken? How do you think they turned out? [Answer in first comment]. In re People’s Ventures, LLC , Serial No. 88003115 (February 17, 2022) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of PEOPLE'S & Design for "Clothing, namely, shirts, t-shirts, tops, tank tops, sweatshirts, hats, and jackets," in view of the

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Philip Morris Attys Nab $575K Fee In Extinguished E-Cig Suit

IP Law 360

A Georgia federal judge on Tuesday awarded Philip Morris $575,000 in attorney fees after the tobacco giant beat an electronic nicotine device pipe maker's patent infringement suit, saying the complaint included attached evidence that revealed the futility of the infringement allegations.

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A Primer on Patenting Ranges — All About "About"

JD Supra Law

In our previous Goodwin Insights post on “Patenting Ranges,” we discussed how Life Sciences companies can successfully patent concentrations of a drug product in a clinical formulation, or patent doses of a drug product administered to a patient. Here, we discuss the significance of the word “about” in Patenting Ranges.

Patent 58
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Fish & Richardson Principal Jeffrey Mok Named a 2022 Leadership Council on Legal Diversity Fellow and Associates Excylyn Hardin-Smith and Usman Khan Selected for the Pathfinder Program

Fish & Richardson Trademark & Copyright Thoughts

Fish is proud to announce that Principal Jeffrey Mok has been named a 2022 Leadership Council for Legal Diversity (LCLD) Fellow and Associates Excylyn Hardin-Smith and Usman Khan, Ph.D., have been selected for LCLD’s Pathfinder program. Fish has participated in LCLD’s programs for the past 11 years with 24 attorneys selected for these prestigious programs.

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"Gig" Economy - Emerging Themes and Global Perspectives

JD Supra Law

On-demand workers (“gig workers”) represent a growing portion of the global workforce. While the continued growth of this category presents opportunities for employers to recalibrate their workforce strategy, it also creates unique practical and legal challenges as the courts, regulators and interest groups continue to grapple with this relatively new category.

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Symposium Spotlight: Panel Discussions

LexBlog IP

The Journal of Business & Intellectual Property Law looks forward to its three panel discussions on Friday, Feb. 25. Following words of welcome and introduction by 3L Hunter Revord and Professor Alan Palmiter, we will begin our first panel discussion on SME Sustainability Governance. This session will be followed by a panel conversation on the Role of Intellectual Property in SME.

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Waymo Can Keep Driverless-Car Crash Data Secret For Now

IP Law 360

Waymo LLC, the self-driving-car company, can keep certain safety data private while a California state court mulls whether that information should be permanently withheld from public disclosures, a Sacramento County Superior Court judge has ruled.

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In Qualcomm v. Apple, Federal Circuit Rules Out Applicant Admitted Prior Art As the “Basis” for Inter Partes Review

JD Supra Law

On the first of February, in Qualcomm Inc. v. Apple Inc., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded the Patent Trial and Appeal Board (“the Board”) on two inter partes review (“IPR”) decisions that held claims 1, 2, 5-9, 12, 13, and 16-22 of Qualcomm’s U.S. Patent No. 8,063,674 (“the ’674 Patent”) unpatentable as obvious.

Art 52
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Palo Alto Knocks Kramer Levin In New PTAB Hearing Bid

IP Law 360

Palo Alto Networks called into question the candor of a cybersecurity startup in front of the Patent Trial and Appeal Board, asking for a new hearing after the board rejected its petition to review the startup's patent and arguing that one of the startup's Kramer Levin lawyers has been reprimanded by three different judges.

Patent 52
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Is there a “Right to Wade” in Colorado Rivers?

LexBlog IP

A recent Colorado Court of Appeals case has given a fisherman the green light to continue litigation claiming that a certain stretch of the Arkansas River is public property. The case is Hill v. Warsewa , and the opinion can be downloaded at the link below. The specific issues before the Colorado Court of Appeals were fairly narrow – the Court was tasked with determining whether the Fremont County trial court properly dismissed Plaintiff Roger Hill’s lawsuit at the outset, without re

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Slamming the DOORS

Likelihood of Confusion

History repeating and all, ya know. First time, tragedy. Second time — farce. Originally posted 2010-08-10 17:08:46. Republished by Blog Post Promoter. The post Slamming the DOORS appeared first on LIKELIHOOD OF CONFUSION™.

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AB Veri Yasas? (Data Act) ve ?lk ?zlenimler

LexBlog IP

Malum bilişim ve teknoloji hukukçularının bugünkü gündemi AB Komisyonu tarafından yayınlanan Data Act (“DA”). Standart bir LinkedIn.

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Geo-blocking and Anne Frank’s Legacy

Intellectual Property Brief

An Amsterdam court recently held that geo-blocking—using technology that restricts access to Internet content based upon the user's geographical location—the works of Anne Frank from visitors from the Netherlands, where the works were still copyrighted, provided sufficient prevention of unauthorized access; therefore, no copyright infringement.

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Quinn Emanuel Tech IP Litigator Moves To Paul Hastings

IP Law 360

Paul Hastings LLP has hired a Quinn Emanuel Urquhart & Sullivan LLP of counsel with experience representing Google, Motorola and other major technology companies in high-stakes IP legal disputes to join the firm's intellectual property practice in Palo Alto, California, Paul Hastings announced Tuesday.

IP 52
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Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: Uniloc 2017 LLC v. Facebook Inc., 989 F.3d 1018 (Fed. Cir. 2021)

JD Supra Law

Facebook filed an inter partes review (IPR) petition against claims 1–8 of Uniloc 2017 LLC’s patent on Voice over Internet Protocol. Meanwhile, an IPR proceeding was already pending on claims 1–6 and 8 of the same patent, based on a petition filed by Apple and later joined by Facebook. LG Corporation subsequently filed its own petitions that were identical to Facebook’s and sought to join Facebook’s IPRs.

Patent 52
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Pfizer Drops Case Alleging Ex-Employee Stole Pharma Data

IP Law 360

A California federal judge agreed Wednesday to close Pfizer's trade secret suit accusing a former employee of swiping confidential data as she left to work for a competitor, after both parties asked the court to dismiss the case.

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NFTs: What's in Store for 2022?

JD Supra Law

2021 was a banner year for non-fungible token sales, which are projected to climb even higher in 2022. Selected by Collins English Dictionary as the 2021 Word of the Year, non-fungible tokens (NFTs) are unique blockchain-based digital assets that are associated with images, artwork, videos, games, or other creative content. Although NFTs have been gaining steam in the arts and sports industries, they are expected to expand into a broad set of industries this year.

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Power Integrations Must Face $1.2M IP Loss, Fed. Circ. Says

IP Law 360

A split Federal Circuit panel on Wednesday rejected Power Integrations' bid to escape a $1.2 million judgment that it infringed a patent-holding company's circuit design patent, finding that the patent owner's arguments at the U.S. Patent and Trademark Office and before a California federal jury were consistent.

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A Business Deal Could Kill Your Right to Challenge a Patent’s Validity

JD Supra Law

Last week, the Federal Circuit issued a decision holding that parties can contractually bargain away their rights to file petitions for Inter Partes Review (“IPR”) at the Patent Trial and Appeals Board (“the Board”). This precedential case is the first to hold that a forum selection clause can forfeit the right to challenge a patent’s validity by IPR.