Tue.Oct 03, 2023

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3 Count: Wolfgang Vaulted

Plagiarism Today

Wolfgang's Vault owner dodges personal liability, Ed Sheeran lawsuit continues and Spotify threatens to leave Uruguay. The post 3 Count: Wolfgang Vaulted appeared first on Plagiarism Today.

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Trademark lessons from The Bear

Erik K Pelton

What can the stories of Carmy and the crew in the hit television show THE BEAR teach us about trademarks? More than you think, as Erik explains in this video. The post Trademark lessons from The Bear appeared first on Erik M Pelton & Associates, PLLC. What can the stories of Carmy and the crew in the hit television show THE BEAR teach us about trademarks?

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Updates on 5 Key Copyright Claims Board Cases

Plagiarism Today

As the copyright claims board moves forward, we have updates of five of the key cases that have been filed with it. The post Updates on 5 Key Copyright Claims Board Cases appeared first on Plagiarism Today.

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Generative AI and Copyright – Some Recent Denials and Unanswered Questions

Intellectual Property Law Blog

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author. This bedrock principle was reinforced in two recent copyright decisions.

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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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Cold Open: The Impact of Artificial Intelligence on Authorship in Film and Television Writing

IP Watchdog

Last week, the Writers Guild of America (WGA) reached a tentative three-year deal to resolve a writer’s strike following a labor dispute with the Alliance of Motion Picture and Television Producers (AMPTP). The deal was reached on September 27, 2023, after a 148-day strike, which was the second-longest in the union’s history. According to USA Today, the WGA’s leadership board has lifted the restraining order barring writers from returning to work, and its members will vote to officially ratify t

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Generative AI: the US class action against Google Bard (and other AI tools) for web scraping

Kluwer Copyright Blog

Image by Alexandra_Koch from Pixabay The US class action against Google Bard ( J.L. v. Alphabet Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03440 ) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT ( here ) (“Generative AI” or “Gen AI”).

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Unlocking the Power of FAIR Data: Building Trust and Success in the AI Era

Velocity of Content

FAIR data plays a crucial role in AI creating a foundation for trust and success. On September 18th, we co-hosted a special event in Leiden (Netherlands), on “the evolving role of data in the AI era.” The focus of the meeting was FAIR data and their importance in a world where the adoption of machine learning and AI is becoming ubiquitous.

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September 2023 Roundup of Copyright News

Copyright Alliance

In September, Artificial Intelligence (AI) continued to be a hot topic in the courts and at the U.S. Copyright Office. Here is a quick snapshot of those and other copyright-related […] The post September 2023 Roundup of Copyright News appeared first on Copyright Alliance.

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BeStreamWise: New IPTV Anti-Piracy Campaign Begins With Fake Site ‘Scam’

TorrentFreak

Dozens of large anti-piracy awareness campaigns have come and gone over the years and while approaches have differed, there’s no confusion when it comes to their common goal. With serious heavyweight backing, the new ‘BeStreamWise’ anti-piracy campaign aims to deter the use of pirate IPTV services in the UK. It deploys familiar techniques to shape public perception but right off the bat there’s an elephant in the room.

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My September 11th

Likelihood of Confusion

This five-post article was originally posted on Dean’s World. I work in New York City. That morning I was late on the way into the office. I had to stop off. The post My September 11th 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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Russia Prepares RuStore VPN Ban After Declaring RuStore Installation Mandatory

TorrentFreak

Russia has been tightening the noose on VPN services for years. Many non-compliant foreign companies exited Russia when faced with a choice; compromise your customers’ privacy, or else. Any that remained were required to submit to state regulation, cooperate fully with the authorities, while ensuring that a massive list of domains and URLs censored by the state could not be accessed.

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66.4% Worldwide Acknowledge the Positive Impact of IP Rights but Many Young Do Not Agree

IP Close Up

A recent study of 25,000 consumers in 50 nations finds that IP rights’ positive effects are most highly recognized in Asia-Pacific, Africa, and Latin America Continue reading

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The Toyota KPI Dashboard—Safety

Christopher Roser

In my last post I showed you an overview of the Toyota KPI dashboard. This time I will look in more detail at the first (and arguably most important) section on safety. And, while I’m at it, let me also tell you some more about safety at Toyota. Introduction Toyota likes to say that it. Read more The post The Toyota KPI Dashboard—Safety first appeared on AllAboutLean.com.

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Social Media Ad Company Seeks Injunction, Damages in First Trademark Suit Against Musk’s ‘X’

IP Watchdog

Following Elon Musk’s bold rebrand of social media platform Twitter, the many lawsuits that have been expected have begun to roll in. In what is said to be the first, X Social Media, LLC has filed suit in the U.S. District Court for the Middle District of Florida, charging Musk’s X Corp. with willful trademark infringement, as well as common law violations under Florida competition, trademark and service mark laws and violations of Florida’s Deceptive and Unfair Trade Practices Act.

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In the Wake of the Supreme Court's Amgen v. Sanofi decision: What’s Next for Biotechnology Claims?

JD Supra Law

Section 112 of the patent statute, which in earlier years was something of a backwater in patent law, has had a tumultuous quarter century beginning with the Federal Circuit decision in Regents of the University of California v. Eli Lilly & Co., which (in the view of many) heightened the written description requirement for biotechnology inventions.

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Intel, VLSI Spar Over Role Of License In $900M Patent Row

IP Law 360

In a $900 million case set for trial in March, Intel has told a California federal judge that it has a license to chip patents owned by licensing company VLSI and cannot infringe them, while VLSI said it isn't bound by Intel's deal with a different company.

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[Ongoing Program] Life Sciences Series - Current Trends in ANDA Litigation - October 31st, 1:00 pm - 2:00 pm ET

JD Supra Law

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned attorneys across various practices who will share insights and provide a framework for navigating the relevant legal landscape.

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TTAB Posts October 2023 Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled ten oral hearings for the month of October 2023. Seven of the hearings will be held via video conference; three will be "In Person," as indicated below. Briefs and other papers for each case may be found at TTABVUE via the links provided. October 10, 2023 - 10 AM [In Person]: Edward Levy and Marc Padro v.

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Double Trouble for Double Patenting or When Does My Patent Expire?

JD Supra Law

The Federal Circuit recently clarified the interplay between obvious-type double patenting (ODP) and patent term adjustments (PTA) granted pursuant to 35 U.S.C. § 154(b). In In re Cellect, the Federal Circuit explained that ODP is considered after any PTA is applied, which could cause patents with terms that have been adjusted to be susceptible to an ODP challenge when they otherwise would not have been.

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Claim Construction: The Difference Between Using “The” and “A”

IP Intelligence

Patent attorneys regularly use indefinite articles (i.e., “a” or “an”) in claim drafting to introduce patent limitations. In Apple Inc. v. Corephotonics, Ltd. , however, the Federal Circuit made a ruling that may require practitioners to think twice about using such articles, particularly when they could be used to later broaden the claims during an invalidity analysis.

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PTAB/USPTO Update - October 2023

JD Supra Law

Patent Center is slated to fully replace the legacy EFS-Web system and Private Patent Application Information Retrieval (Private PAIR) tool on November 8, 2023. The USPTO continues to host virtual training events to help users transition to the new tool.

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SpicyIP Tidbit: 2023 Nobel Prize in Physiology for Base Modifications in mRNA Vaccines

SpicyIP

Katalin Karikó and Drew Weissman; pics as taken from their wiki pages here and here SpicyIP Intern Tejaswini Kaushal brings us a quick tidbit on the new Nobel Prize winners in Physiology. Read on for more! Tejaswini’s previous posts can be viewed here Katalin Karikó and Drew Weissman have become the joint recipients of the 2023 Nobel Prize in Physiology for their discoveries related to nucleoside base modifications in mRNA that have so-remarkably paved the way for the development of highly

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Azurity Pharms., Inc. v. Alkem Labs. Ltd. Firvanq® (Vancomycin)

JD Supra Law

Case Name: Azurity Pharms., Inc. v. Alkem Labs. Ltd., No. 20-cv-1094, 2023 WL 3254117 (D. Del. May 4, 2023) (Goldberg, J.) Drug Product and Patent(s)-in-Suit: Firvanq® (vancomycin); U.S. Patent No. 10,959,948 (“the ’948 patent”).

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Trademark Protection for Board Games

LexBlog IP

Trademark Protection for Board Games by Yuri L. Eliezer.block-content { padding-top: 12px; background-ffffff; background-image: none; } Trademark Protection for Board Games: Unlock the Potential of Trade Dress for Your Board Game Table of Contents: What is Trade Dress Protection? Trade Dress for Board Games Examples of Board Game Trade Dress Most savvy entrepreneurs know to apply for trademarks on their product names, company names, logos, and slogans.

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Good News for Patent Applicants: USPTO Extends the After Final Consideration Pilot Program 2.0

JD Supra Law

The U.S. Patent and Trademark Office has extended the After Final Consideration Pilot Program 2.0 through September 30, 2024. This program (the AFCP 2.0) allows applicants to request a patent examiner be given additional time to consider responses after a final office action in certain circumstances.

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Generative AI and Copyright – Some Recent Denials and Unanswered Questions

LexBlog IP

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author. This bedrock principle was reinforced in two recent copyright decisions.

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More Antibody Claims Falling Under Post-Amgen Scrutiny

JD Supra Law

With only two precedential IP decisions coming down from the Federal Circuit in the second half of September, pickings were a little slim for blogging. That said, the opinion in Baxalta v. Genentech (2022-1461) — drafted by Chief Judge Kimberly Moore and joined by Judges Raymond Clevenger and Raymond Chen — is an important one to cover since it demonstrates how the court interpreted and applied the Supreme Court’s recent enablement decision in Amgen v.

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Can a Takedown Notice Expose A Trademark Owner to a Defamation Suit?

LexBlog IP

We had a successful result for a defendant in a pretty interesting case. Can a take-down notice sent to an ecommerce site such as eBay or Amazon expose the IP rights-owner to a defamation suit? Yes (or No), says a New York federal judge (in two different cases). The two decisions ( Unlimited Cellular v. Red Point Software and CDC Newburgh v. STM Bags ) taken together suggest how to fine-tune takedown notices.

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Generative AI's Output: How Is It Created, and What IP Rights Should It Receive?

JD Supra Law

Generative artificial intelligence (AI) first performs broad, deep training on human-created materials, then, when given a prompt, can produce "original" works as output. Examples include ChatGPT (text), Stable Diffusion (images) and Video Diffusion (video).

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VirnetX Seeks Supreme Court Review of IPR Joinder and Fake Acting Officials

Patently-O

by Dennis Crouch The high-stakes patent dispute between VirnetX and Apple continues with VirnetX’s new petition asking the Supreme Court to review two important Federal Circuit rulings. The VirnetX petition focuses on the Federal Circuit’s interpretation of the inter partes review (“IPR”) joinder provisions and the requirements of the Federal Vacancies Reform Act (“FVRA”).

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Current Lighting Wins at Patent Trial and Appeal Board

JD Supra Law

On September 15, 2023, the Patent Trial and Appeal Board (“PTAB”) issued two final decisions with favorable rulings for Brooks Kushman client Current Lighting Solutions, LLC (“Current Lighting”), and Walmart Inc., in a patent dispute involving Power Concepts, LLC. By: Brooks Kushman P.C.

Patent 65
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Amsterdam Biz Says Dry Vinegar Doesn't Infringe Patent

IP Law 360

Amsterdam-based food company Corbion NV has filed suit against Georgia-based competitor WTI Inc. in a Georgia federal court seeking a declaration that its dry vinegar products don't infringe a WTI patent.

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Herbert Smith Freehills advises CICC as sole sponsor on Neusoft Xikang's Hong Kong IPO ??????????????????????????????????????

Herbert Smith Freehills

Leading international law firm Herbert Smith Freehills has advised China International Capital Corporation (CICC) as the sole sponsor of Neusoft Xikang Holdings Inc. (09686.HK)'s listing on the Main Board of the Hong Kong Stock Exchange today. Neusoft Xikang developed China’s first city-specific cloud hospital platform, and has since expanded its network to connects local governments, medical institutions, patients and insurers to enable equitable access to medical resources and more effective a

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Elon Musk Won't Be Deposed In Energy Storage Patent Case

IP Law 360

A California federal judge denied Unicorn Energy AG's request to depose Elon Musk Tuesday in a case claiming Tesla infringes its energy storage technology patent, saying it was "speculative" to question Musk about an alleged conversation that would show his pre-suit awareness of the asserted patent.

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The Corporate Transparency Act is Coming, is Your Company Ready?

LexBlog IP

Two days before Christmas Eve 2020, I drafted this blog post regarding the Corporate Transparency Act (CTA). As of January 1, 2024, the CTA will be enforced for all new and existing entities. If you’re interested in what the CTA means for your business, please read on. The CTA is set to fundamentally change corporate reporting requirements, impacting millions of businesses in 2024.