Fri.Apr 07, 2023

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TPB Founders Are Not Involved in the “The Pirate Bay” TV Series

TorrentFreak

Two years ago, reports began to surface about a new six-part TV-series on The Pirate Bay’s turbulent history. The project was initially scheduled to start last year but after an apparent delay, filming is now expected to begin this fall. Pirate Bay TV Series The inception and early years of The Pirate Bay are definitely a worthy subject for a series.

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Cybersecurity for the IoT: How trust can unlock value

McKinsey Operations

For today’s fragmented Internet of Things (IoT) to reach its potential as a fully interconnected ecosystem, the answer may lie in the convergence of cybersecurity and the IoT.

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PTAB Denies VLSI’s Motion to Remove Intel from Ongoing IPR

IP Watchdog

On Wednesday, April 4, the Patent Trial and Appeal Board (PTAB) denied VLSI’s motion to terminate Intel’s involvement in an inter partes review (IPR) of VLSI’s U.S. Patent No. 7,725,759. In addition to Intel, OpenSky is also a petitioner in the IPR, which pertains to claims 1, 14, 17, 18, 21, 22, and 24 of the ‘759 patent. VLSI argued that a previous March 2021 district court ruling that found Intel had not proven invalidity of claims 14, 17, 18, and 24 of the patent precluded the tech firm from

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60-Year-Old Music Pirate Faces Prison in a Country Part-Run By Pirates

TorrentFreak

Rick Falkvinge founded the first Pirate Party on January 1, 2006, and then rallied the masses in Sweden six months later in the wake of the first police raid against The Pirate Bay. At the European Elections of 2009, Swedish Pirates won over 7% of the vote. Christian Engström went on to become the first Pirate Member of the European Parliament, with Amelia Andersdotter taking the second seat in 2011.

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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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ChatGPT: Who Owns the Content Generated?

JD Supra Law

In ChatGPT: Legal Counsel of the Future, we described the Chat Generative Pre-Trained Transformer (“ChatGPT”), how it works, and whether or not ChatGPT can provide legal advice. The language learning model has many potential uses, such as debugging code or writing essays. The use raises questions centered around intellectual property.

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Full Fed. Circ. Urged To Treat Design Patents Like Patents

IP Law 360

Various players in the world of replacement auto parts have urged the full Federal Circuit to reconsider the test used for determining design patents are invalid as obvious, arguing the court is treating design patents more like trademarks than utility patents, thus making invalidations nearly impossible.

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Texas Judge Pushes Pause On FDA Abortion Drug Approval

IP Law 360

A Texas federal judge Friday blocked the effective date of the U.S. Food and Drug Administration's decades-old approval of the abortion drug mifepristone and gave the Biden administration one week to appeal, drawing out a watershed ruling that could dramatically restrict abortion access in the U.S., where medication abortion has become the most common method to terminate pregnancies.

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Divided Federal Circuit Makes Controversial Ruling That Nonliteral Elements of “Cloned” Software Are Not Protectable Because It Was Based on Open Source and Other Known Material

JD Supra Law

The Court of Appeals for the Federal Circuit (CAFC) affirmed a district court ruling that the asserted nonliteral elements of a software program were not copyright protectable, in part, because allegedly copied materials contained unprotectable open-source elements, factual and data elements and other known elements that were not original.

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Scaling analytics across financial services: Understanding the value of model life cycle transformations

McKinsey Operations

To address the challenges of scaling up analytics business areas, financial institutions can accelerate value delivery with four efficiency levers.

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AI Art & Copyright Part 2: Artificial Intelligence Or Artfully Infringing?

JD Supra Law

Artificial Intelligence (AI) has become increasingly prevalent in the world of art, leading to new forms of creative expression that challenge our conventional notions on what constitutes art. AI-generated art is created using algorithms and machine learning, which allow computers to learn from and mimic human behavior.

Art 98
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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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Book Review: Intellectual Property and Development - Geographical Indications in Practice

The IPKat

This Kat has been savouring “ Intellectual Property and Development - Geographical Indications in Practice ” by Barbara Pick (Routledge, 2022) and is ready to share her review! The book consists of two parts, comprised of nine chapters. Part I opens with an introductory chapter. The research objective is to evaluate, based on 12 case studies, whether geographical indications (GIs) truly benefit producers and consumers.

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New Division 11 of the Food and Drug Regulations: Public or Canadian Armed Forces Health Emergencies - Drugs for Immediate Use or Stockpiling.

JD Supra Law

Update: Health Canada has prepared an overview of its special access programs, and has finalized the Guidance Document: Sale of Drugs - Public or Canadian Armed Forces Health Emergencies. On February 15, 2023, Regulations Amending Certain Regulations Concerning the Sale of Drugs (Public or Canadian Armed Forces Health Emergencies) came into force. These Regulations amend the Food and Drug Regulations to add a new Division 11, titled “Public or Canadian Armed Forces Health Emergencies — Drugs.

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Friday Fantasies

The IPKat

The time for chocolate eggs is here. But it is also time to take stock of the latest IP events and opportunities. A Kat hunting for chocolat eggs Events 26 April 2023: IPAN’s World IP Day event The Intellectual Property Awareness Network (IPAN) will organize its World IP Day event on 26 April 2023, at the Burton Room, Institute of Directors, 116 Pall Mall, London, SW1Y 5ED.

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Cranial Technologies Sues Ottobock for Infringement of Cranial Remodeling Patents

JD Supra Law

Cranial Technologies, Inc. sued Ottobock SE & Co. KGaA and Active Life LLC in the U.S. District Court for the Central District of California on March 29, 2023. The lawsuit alleges that Ottobock’s MyCRO Band and iFab system infringe U.S. Patent No. 7,242,798, titled “Automatic Selection of Cranial Remodeling Device Configuration,” which issued in 2007; and U.S.

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Apple's TM Loss May Have A Silver Lining For Brand Owners

IP Law 360

A Federal Circuit precedential decision limiting Apple Inc.'s ability to extend its decades-old trademark rights for gramophone records to live music performances may be a loss for the tech giant, but experts told Law360 that it could potentially be good news for trademark owners seeking to secure virtual rights on physical products or services that already exist.

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Logistics Disruptors: Using big data to spot shipping anomalies

McKinsey Operations

Intelligent Audit’s Hannah Testani says the company uses machine learning to help customers eliminate unnecessary shipping costs.

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Other Barks & Bites for Friday, April 7: Pfizer Hit with Patent Infringement Lawsuit Over mRNA Technology, Apple Loses Trademark Case and the USPTO Transitions to Patent Center e-Office Action Program

IP Watchdog

This week in Other Barks & Bites, the United States Court of Appeals for the Federal Circuit (CAFC) rules against Apple in a trademark dispute; Arbutus and Genevant Sciences file a patent infringement lawsuit against Pfizer related to the COVID-19 vaccine; and Sweetgreen promptly changes the name of a menu item after Chipotle files a trademark lawsuit against the salad chain.

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The Briefing by the IP Law Blog: Copyright Office Issues Guidance for Works Containing Material Generated by AI

The IP Law Blog

The US Copyright Office issued a policy statement regarding the registration of works that contain material generated by AI technology. Scott Hervey and Josh Escovedo talk about this clarification on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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Masimo Co-Founder Hazy On Co.'s Claims In $3.1B Apple Suit

IP Law 360

A Masimo Corp. co-founder testifying in the company's $3.1 billion intellectual property suit over pulse oximetry technology in Apple Watches conceded to a California federal jury Friday that he didn't know which trade secrets Apple allegedly misappropriated and wasn't aware of any Apple patents for which Masimo claims he should be named an inventor.

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Considering Your Audience for Cease-and-Desist Letters

JD Supra Law

So, you’ve identified a party infringing on your brand’s intellectual property rights, and in response, you issue a cease-and-desist letter to the infringer. What you say in that letter is just as important as how you say it. Today, more and more recipients of cease-and-desist communications are publicizing the letters, which can have consequences for the sender.

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The Briefing by the IP Law Blog: Copyright Office Issues Guidance for Works Containing Material Generated by AI

LexBlog IP

The US Copyright Office issued a policy statement regarding the registration of works that contain material generated by AI technology. Scott Hervey and Josh Escovedo talk about this clarification on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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Trademark Protection and Protected Speech In and Out of the Metaverse

JD Supra Law

The line between free speech and brand protection remains blurry after a February jury verdict in the NFT case of Hermès Int’l. v. Rothschild and the recent Supreme Court oral arguments in Jack Daniel’s Properties, Inc. v. VIP Products.

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Privately Recorded Musical Work And Issues Of Law

IP and Legal Filings

Introduction When creative authors, performers, and artists worked in the past, they did so mainly because of their image and notoriety than for the objective of earning a living from their endeavors, so their works were written, performed, or created to safeguard their reputation. The question of copyright was never brought up at any stage in the process because it required such a significant investment of both time and money.

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[Audio] Podcast: The Briefing by the IP Law Blog - Copyright Office Issues Guidance for Works Containing Material Generated by AI

JD Supra Law

The US Copyright Office issued a policy statement regarding the registration of works that contain material generated by AI technology. Scott Hervey and Josh Escovedo talk about this clarification on this episode of The Briefing by the IP Law Blog.

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On Capitol Hill, Humans Battle AI Over Authorship

Velocity of Content

Executives with the Authors Guild, which claims to have more than 13,000 members, lobbied lawmakers in Washington, D.C. last week over concerns about the rise of chatbots and the threat they may pose to writers and others working in the creative industries. In a statement highlighting the Guild’s trip to D.C., Guild CEO Mary Rasenberger said the “future of journalism, literature, and the arts depends on policies that adequately incentivize human creators to continue working.

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Federal Circuit Addresses Burden of Proof for IPR Estoppel

JD Supra Law

On April 3, in Ironburg Inventions Ltd. v. Valve Corp., the Federal Circuit articulated a standard for applying inter partes review (IPR) estoppel on grounds a petitioner “reasonably could have raised” under 35 U.S.C. § 315(e)(2). Specifically, the court held that IPR estoppel applies to “invalidity grounds a skilled searcher conducting a diligent search reasonably could have been expected to discover.

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Miami Dance Club Hopes New Golf Tour’s Name Will Be Short-LIVed

McBayer IP Blog

Posted In Intellectual Property , Trademark Over the past few weeks we have been watching CBS’s celebration of college basketball and, during commercial breaks, hearing those familiar musical notes that signal The Masters golf tournament has arrived. So, what better time than now to celebrate Passover, Easter, world class golf, and, naturally, a good trademark dispute.

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IP rights at top of mind as U.S. Copyright Office offers guidance on AI-generated works

JD Supra Law

On March 16, 2023, the U.S. Copyright Office (the Office) published a statement of policy in the Federal Register offering guidance on who is entitled to protection for works generated with the aid of artificial intelligence (AI) technology. AI tools allow users to generate images, audio, and textual works in response to textual prompts.

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Fed. Circ. Questions Google Foe's Move To Revive Patent

IP Law 360

A company accusing Google of infringing its computer network patents appeared to face a difficult task Friday in persuading the Federal Circuit that one of the patents was wrongly invalidated in an inter partes review.

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Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

JD Supra Law

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret in the sauce.

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Penn. Roofing Co. Ordered To Arbitrate Trade Secrets Dispute

IP Law 360

A Philadelphia federal judge says Pennsylvania roofing vendor Continental Materials Inc. must arbitrate its allegations that a business partner stole company secrets off an employee laptop, saying a catch-all clause in their contract does not allow the dispute to remain in court.

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FRAND: Improved outlook for implementers in the U.K. and U.S.

JD Supra Law

The licensing of Standard Essential Patent (SEP) portfolios is a global business and the question of how to resolve disputes over those licenses is one that courts all over the world are grappling with.

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IP Hires: BakerHostetler, Blank Rome, Womble Bond

IP Law 360

BakerHostetler has strengthened its intellectual property team with the addition of a former partner at Wilson Sonsini Goodrich & Rosati PC, and Blank Rome LLP has brought on a litigator whose practice focuses on tech and software. Here are the details on these and other notable hires.

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Can They Back Out of the Deal?

Dear Rich IP Blog

Our favorite negotiation text Dear Rich: I’ve been negotiating a license agreement with a company that specializes in branding cleaning products for supermarket and boxstore chains. The negotiations have been going on for two months, and we’ve agreed on the basic terms and the royalties and on most of the “back-end” issues, but we’re hung up on who owns the rights to improvements.

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Apple, Google Sued Over Navigation Patents In Texas

IP Law 360

Technology giants like Apple, Google and Samsung have been hit with a series of lawsuits in Texas federal court accusing them of infringing a pair of navigation patents owned by a Delaware corporation.

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