Wed.Aug 23, 2023

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3 Count: Office Depot Data

Plagiarism Today

Office Depot seeks attorneys' fees in data case, agency demands photog pay for their photos and DragonForce battles a fake copyright claim. The post 3 Count: Office Depot Data appeared first on Plagiarism Today.

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August 2023 TPAC Meeting Summary

Erik K Pelton

Erik shares key takeaways from the recent Trademark Public Advisory Committee (TPAC) meeting in this podcast. The post August 2023 TPAC Meeting Summary appeared first on Erik M Pelton & Associates, PLLC. Erik shares key takeaways from the recent Trademark Public Advisory Committee (TPAC) meeting in this podcast.

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How the Copyright Claims Board Counters DMCA Counternotices

Plagiarism Today

The Copyright Claims Board (CCB) offers a way for rightsholders to ensure an allegedly infringing work stays offline after a counternotice. The post How the Copyright Claims Board Counters DMCA Counternotices appeared first on Plagiarism Today.

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Toothless National Policy on Rare Diseases- Part II

SpicyIP

[ This guest post is authored by our former blogger Varsha Jhavar and Surbhi Nautiyal. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Surbhi is a lawyer based in Delhi and is a graduate of RGSOIPL, IIT Kharagpur. The views expressed here are those of the authors’ alone.] In Part I of the post, the authors have analysed the National Policy on Rare Diseases, 2021 (Policy) and its implementation.

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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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Consider this Hidden Step Zero in the Patent Subject Matter Eligibility Analysis

IP Watchdog

U.S. patent practitioners have had a rocky relationship with the once-straightforward patent eligibility requirement under 35 U.S.C. 101 in recent years. Decisions such as Mayo and Alice upended the status quo, muddying the threshold test for patent subject matter eligibility. When dealing with difficult 101 rejections under this new status quo, it can sometimes help to think outside of the box about how to overcome a given rejection.

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Current Patent Litigation Trends

JD Supra Law

According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300. Before 2019, the annual number of new cases had not been below 4,300 since 2011.

More Trending

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Amazon Sues Online Stores Selling Pirated DVDs

TorrentFreak

Amazon is not just the largest e-commerce retailer, the company also has a significant copyright portfolio. In recent years the company has increased its anti-piracy efforts, both individually and as a member of the Alliance for Creativity and Entertainment ( ACE ). The company does all it can to protect popular titles such as The Lord of the Rings: The Rings of Power, The Boys, and The Peripheral, which are typically pirated shortly after their release.

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My Comments to the USPTO About the SAD Scheme and Anticounterfeiting/Antipiracy Efforts

Technology & Marketing Law Blog

[I submitted the following comments to the USPTO] __ To: United States Patent and Trademark Office, Department of Commerce From: Prof. Eric Goldman, Associate Dean for Research, Santa Clara University School of Law Date: August 22, 2023 Re: Comments regarding Future Strategies in Anticounterfeiting and Antipiracy, Docket No. PTO-C-2023-0006 I appreciate the opportunity to submit these comments regarding the USPTO’s inquiry into anticounterfeiting and antipiracy efforts.

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LaLiga & Telefónica ‘Live IPTV Blocking’ Also Targets Millions of Torrents

TorrentFreak

ISP blocking injunctions that aim to prevent regular internet users from accessing pirate sites are heavily utilized by the largest media companies. Early targets included pirate sites offering movie and TV shows but today the emphasis is on preventing access to live TV streams, sports broadcasts in particular. Since live streams are more challenging to block than static websites, courts appear keen to give rightsholders additional flexibility and in many cases, subject them to limited oversight

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Spam Can’t Act

Likelihood of Confusion

The U.K. Register reports that what would appear to be a very late in the game attempt by the original spammers — Hormel, makers of the presumably tasty canned meat. The post Spam Can’t Act appeared first on LIKELIHOOD OF CONFUSION™.

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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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Disney, Artist Settle Copyright Row Over 'Frozen II' Song

IP Law 360

Disney and the songwriters of "Some Things Never Change" from the animated film "Frozen II" have reached a settlement with a Georgia artist who claimed they infringed a song he created in 1999.

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Building Distinction in Architectural Trade Dress

LexBlog IP

The shape of a building can be registered as inherently distinctive trade dress in the United States – if it is distinctive and unusual for buildings of that type – holds the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) in a pair of precedential decisions published this summer. In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino ser

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Copyright Decision On AI-Generated Art Is Just The Beginning

IP Law 360

A D.C. federal court last week shot down an artificial intelligence researcher's argument that the U.S. Copyright Office shouldn't have rejected his application for a computer-generated image, but issues over how creators use AI and obtain copyright protection for those works aren't going away, attorneys told Law360.

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Eleventh Circuit Backs Tobacco Companies’ $11 Million Trademark Win

IP Watchdog

The U.S. Court of Appeals for the Eleventh Circuit yesterday backed a Georgia district court’s finding that Diamond J Wholesale LLC and its owner, Raj Solomon, willfully infringed trademarks owned by Top Tobacco, L.P., Republic Technologies (NA), LLC, and Republic Tobacco, L.P. (Top Tobacco). The ruling upholds an $11 million verdict in favor of the tobacco companies.

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11th Circ. Won't Rehear Apple's IP Claims After Warhol Ruling

IP Law 360

The Eleventh Circuit on Wednesday denied Apple Inc.'s motion to rehear arguments in its copyright case against a technology maker that produces a digital version of the iPhone to find security vulnerabilities, saying the case is not altered by the U.S. Supreme Court's finding that Andy Warhol's portraits of Prince do not constitute fair use.

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CIPO Fees to Increase by 25% in 2024 and Expansion of the Definition of “Small Entity”

Canadian Intellectual Property Blog

The Canadian Intellectual Property Office (“CIPO”) has announced that effective January 1, 2024, most official fees will be increasing by 25%. On the patent side, the increase in the fees will be applicable to standard entity size. At the same time, the definition of “small entity” in the Patent Rules will be broadened from the current 50 employees to fewer than 100 employees, which would mean that more companies can fall into the small entity category and thus utilize the lower official fees.

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Amazon Draws Sword With Bootleg 'Rings Of Power' DVD Suit

IP Law 360

Amazon is accusing a network of piracy websites of blatantly selling bootleg versions of its eight-episode "The Lord of the Rings: The Rings of Power" series that released on Prime last year, according to a copyright infringement action filed in California federal court.

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No Human, No Way: D.C. Federal Court Denies Copyright Protection for AI-Generated Art

JD Supra Law

In what appears to be the first court opinion to weigh in on the copyrightability of AI-generated art, the District of D.C. has blessed the Copyright Office’s position to date: only works created by humans deserve protection under the U.S. Copyright Act. Thaler v. Perlumtter, Case No. 22-cv-1564 (D.D.C. Aug. 18, 2023).

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EA Blasts Agency's Amended NIL Complaint

IP Law 360

Electronic Arts Inc. told a California federal court Tuesday that an amended complaint from a brand management agency that attempted to clarify what is covered in its college licensing agreements still fails to show it has exclusive rights that would prevent EA from using the name, image and likeness of the student-athletes in an upcoming video game.

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Board Denies Follow-On Petition

JD Supra Law

In recent decision 3M Company v. Bay Materials, the Board denied 3M Company’s (“Petitioner”) second Petition for inter partes review (“Second Petition”) after exercising its discretion under § 314(a) and finding that each of seven factors from the PTAB Consolidated Practice Guide favored denial. 3M Company v. Bay Materials, LLC, No. IPR2023-00243, Paper 8 at 6-10 (P.T.A.B.

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Life Insurer Swept Up In Avalanche Of Telecom Patent Suits

IP Law 360

A Canadian company told a Texas federal court that a life insurance company infringed its telecommunication intellectual property, building onto a three-month patent litigation campaign against companies such as Reddit, Microsoft and Samsung.

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Never Too Late: If you missed the IPKat last week!

The IPKat

Here is a brief recap of the topics covered last week on The IPKat. Confidential Information Image by Riana Harvey Annsley Merelle Ward discussed the recent decision Mimo Connect v Burley & Ors [2023] EWCA Civ 909 and in particular the fact that facts are everything in confidential information cases. Copyright Eleonora Rosati commented on the recent decision of the Italian Supreme Court in a case involving Jeff Koons and a copy of an artwork.

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Greenberg Traurig Brings On Ex-Patent Judge In Atlanta

IP Law 360

A former administrative patent judge in Atlanta has joined Greenberg Traurig LLP as a new intellectual property and technology shareholder, the law firm announced this week, following a stint with Finnegan Henderson Farabow Garrett & Dunner LLP.

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Allegheny County Medical Society Bulleting Article on Contracting Essentials for all Physicians, Especially Residents and Fellows

LexBlog IP

Michael A. Cassidy and Adam J. Appleberry co-wrote an article titled “Contracting Essentials for All Physicians, Especially Residents and Fellows” This article will appear in the Legal Summary section of the August 2023 Allegheny County Medical Society (ACMS) Bulletin. The ACMS Bulletin is the Allegheny County Medical Society’s signature publication which reaches over 2,000 physicians in Southwestern Pennsylvania each month.

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Hogan Lovells Fights Reebok DQ Bid As Attys Take Stand

IP Law 360

Hogan Lovells attorneys testified to a Boston federal judge Wednesday that the firm should be allowed to represent a shoe company that's been sued by Reebok despite years counseling the sneaker giant in Europe, with one partner calling the new case "a completely different beast.

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Biswajit Sarkar Copyright Blog - Untitled Article

Biswajit Sarkar Copyright Blog

Copyright and its lawful use by another are more important than is often deemed by people. A lack of awareness about Intellectual Property laws and the pecuniary consequences that may arise from the non-compliance of such laws is not taken by people or companies as seriously as it should be. An example of the same can be drawn from the recent litigation proceedings of Sony Music Entertainment v.

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Security Co. Says Businessmen Stole Its Bottle Lock Design

IP Law 360

Retail security company Algreta Solutions Ltd. has sued two individuals, claiming they misused the company's confidential information to develop and secure U.K. patent protections for a bottle lock design that is "notably similar" to one of its designs.

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Instagram's Embedding Tools and Copyright: Ninth Circuit's Ruling Explained

JD Supra Law

Instagram isn’t liable for copyright infringement because it provides embedding tools that allow third-party websites to retrieve and display copyrighted photos, according to a recent appellate decision. The Ninth Circuit Court of Appeals based its decision in Hunley v. Instagram on the fact that the third-parties’ servers never make copies of the photos during the embedding process.

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Financial Software Biz Accuses Ex-Execs Of Stealing Data

IP Law 360

Serial fintech acquirer SS&C is suing three former employees at the High Court in London for damages over claims they stole confidential information and trade secrets to build a competing software business for asset managers.

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What to Consider When Negotiating License Agreements

JD Supra Law

License agreements serve as powerful tools for leveraging intellectual property assets for consumer goods and fashion companies. Various types of license agreements enable businesses to expand market reach, enhance brand value, and drive revenue. But to get the most value out of these agreements, it is crucial to understand and negotiate the terms in detail.

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IP Edge v. Judge Connolly

LexBlog IP

Pat Muffo discusses the latest on the standoff between patent troll IP Edge and District of Delaware Judge Colm Connolly.

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Italy: Major changes to Intellectual Property Code come into force

JD Supra Law

Today, 23 August 2023, major revisions to the Italian Intellectual Property Code become effective. The changes are aimed at streamlining procedural aspects of registering and enforcing IP in a digital age and at strengthening IP protection for certain rights. Major changes concern university staff inventions, Italian double patenting regime, and the introduction of a temporary protection for design.

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Embedding and the “Server Test” Survive in the Ninth Circuit…For Now

LexBlog IP

The Ninth Circuit has ruled that its “server test” allows for copyrighted content to be embedded on another’s website without violating U.S. copyright law, the copyright owner’s public display right in particular. 17 U.S.C. § 106(5). Why? Because embedding does not involve storing the copyrighted content on the website owner’s computer or server, it merely provides instructions to a web browser to show content stored on the host website.

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Samsung Bioepis Files IPR Petition Challenging Regeneron Aflibercept Patent

JD Supra Law

​​​​​​​On August 18, Samsung Bioepis Co., Ltd. (“Samsung Bioepis”), filed a petition for Inter Partes Review, IPR2023-01312, challenging the validity of claims 1-18 of U.S. Patent No. 10,464,992, assigned to Regeneron Pharmaceuticals, Inc. (“Regeneron”).

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WDTX Judge Clears 4 Tech Giants In Network Patent Cases

IP Law 360

Western District of Texas Judge Xavier Rodriguez has ruled in separate cases that Microsoft, Google, Amazon and Cisco do not infringe four network security patents that a company called CTD Networks LLC has asserted against a wide swath of the tech industry.

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