Tue.Jan 23, 2024

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Examining the Palworld Plagiarism Controversy

Plagiarism Today

Palworld is the breakout video game of early 2024. However, it's drawn controversy over allegations of plagiarism and AI generation. The post Examining the Palworld Plagiarism Controversy appeared first on Plagiarism Today.

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Trademark Stories to Watch in 2024

Erik K Pelton

What does 2024 have in store for the world of trademarks? Erik discusses several topics he will be following in this podcast. The post Trademark Stories to Watch in 2024 appeared first on Erik M Pelton & Associates, PLLC. What does 2024 have in store for the world of trademarks? Erik discusses several topics he will be following in this podcast.

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3 Count: Time Limited

Plagiarism Today

SCOTUS grants Solicitor General's amicus request, ACE shuts down sports piracy ring and two women sued for newspaper piracy in South Africa. The post 3 Count: Time Limited appeared first on Plagiarism Today.

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Kat Von D Tattoo Infringement Trial Begins: What You Need To Know

Copyright Lately

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry.

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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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IPKat Book of the Year Awards 2023 winners announced!

The IPKat

Thank you to readers who voted for the IPKat book of the year awards 2023! Despite the change in application process, this year was our most popular awards since its inception six years ago. Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. • Patent Portfolio Management, A Practical Guide, by Ho Frattasi. • European Patent Law: The Unified Patent Cou

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The Ibrunitib Saga: DHC Restrains Generic Competitors, but What about Public Interest?

SpicyIP

The Ibrutinib Patent Dispute Adding another chapter to the long-standing legal dispute concerning the Leukaemia medication Imbruvica (API Ibrutinib), the Delhi High Court on December 21, 2023, upheld the IPAB order setting aside the post-grant rejection of the Ibrutinib patent. The Court also restrained Natco Pharma, Hetero, BDR Pharma, Shilpa Medicare, Alkem, and Laurus Labs from manufacturing and marketing the generic versions of Imbruvica.

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Witnesses Clash Over Potential Pros and Cons of PERA in Senate IP Subcommittee Hearing

IP Watchdog

The Senate Judiciary Committee’s Subcommittee on Intellectual Property today held a hearing featuring eight witnesses who testified about the need to restore certainty to U.S. patent eligibility law. Most, but not all, agreed such a need exists and urged quick passage of the Patent Eligibility Restoration Act of 2023 (PERA). Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced PERA in June of last year.

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Eye on IPRs, January 2024: Intel Damages Go to Retrial after PTAB Win, Pushback on IPR Changes, and More

JD Supra Law

Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: After IPR victory, Intel wins appeal on $2.2 billion patent award - Bloomberg Law reports on the U.S. Court of Appeals for the Federal Circuit wiping out “one of the largest patent verdicts in U.S. history”: $2.2 billion awarded against Intel Corp. in an infringement suit regarding two patents related to semiconductor chip technology owned by VLSI.

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Facilitating Efficient and Effective Copyright Licensing for AI

Copyright Alliance

AI models have an almost insatiable appetite for content. To date, the vast majority of training content, whether books or blogs or songs or images, has been scraped from the web […] The post Facilitating Efficient and Effective Copyright Licensing for AI appeared first on Copyright Alliance.

Licensing 116
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CAFC Denies APPLE JAZZ Mark Owner’s Mandamus Bid But Tells TTAB it Expects Cancellation Decision ‘Promptly’

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Charles Bertini’s petition for a writ of mandamus asking the court to order the U.S. Patent and Trademark Office (USPTO) to decide his trademark cancellation case against Apple, Inc. According to Bertini, the cancellation case has been in limbo at the Trademark Trial and Appeal Board (TTAB) for more than three years, “despite [the TTAB’s] policy and frequent public statements by top USPTO officials that it decides cases after

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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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SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (January 08 – April 30) [Register by February 29]

SpicyIP

We’re pleased to inform you that a free online course on intellectual property starting on January 08, 2023 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Associate Professor of Law, in charge of the SPRIHA IPR Chair at National Law University, Delhi. For further details, please see the announcement below: Image from here Join SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi About the Course The course is launched on the SWAYAM platform by the

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Ringgold and the FAIR Principles: How Ringgold Data and Metadata are Reusable

Velocity of Content

The FAIR Principles are vital to enabling the use of data, not just for people, but more importantly for machines. The FAIR principles are designed to address the necessary steps to make research data and the metadata attached to it FAIR (Findable, Accessible, Interoperable, and Reusable). FAIR enables the use of data and metadata for a wide range of use cases and without it, data is not consumable in a way that is needed to build upon research, to make it reproducible, or to provide it as a tru

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6 Practice Pointers For Pro Bono Immigration Practice

IP Law 360

An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

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Sky Italia Targets Pirate Streaming App VancedFlix Through GitHub

TorrentFreak

Legal video streaming platforms such as Amazon, Disney, and Netflix have gained massive userbases in recent years. Not everyone is willing or able to pay for multiple subscriptions, however, which in turn has helped to create a flourishing market for pirate streaming tools. These pirate services often use slick designs and easy-to-use apps that appeal to a broad audience.

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Where Justices Stand On Chevron Doctrine Post-Argument

IP Law 360

Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

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Guest Post by Prof Burstein: Sanctions & Schedule A

Patently-O

By Sarah Burstein, Professor of Law at Suffolk University Law School Jiangsu Huari Webbing Leather Co., Ltd. v. Joes Identified in Schedule A, No. 1:23-cv-02605 (SDNY Jan. 2, 2024), ECF 76. The Schedule A litigation phenomenon continues apace in the Northern District of Illinois, a court that has become, in the words of Judge Seeger, “ an assembly line for TROs.

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USPTO Now Says February 5th To Be New Transition Date For The EPAS & ETAS

JD Supra Law

Update: The USPTO has now announced that February 5th, 2024 will now be the date for the Assignment Center to replace the Electronic Patent Assignment System (EPAS) and Electronic Trademark Assignment System (ETAS).

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USPTO Granted Remand in Important Antibody Written Description Case

Patently-O

by Dennis Crouch The Federal Circuit has remanded the Xencor appeal — allowing USPTO leadership an opportunity to re-focus on the written description requirement for both Jepson claims and means-plus-function claims in the antibody art. I have several prior posts about the case: Crouch, USPTO again Asks for Remand in Xencor to reconsider its Decisions (December 7, 2023) Crouch, Motion for remand in Xencor (December 4, 2023) Crouch, Jepson Formats and Means Limitations Under More Fire (No

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INDYCAR Racing Engineer and AI Expert Alex Castrounis to Deliver the Keynote at the IP Awareness Summit

IP Close Up

Author of “AI for People and Business: A Framework for Better Human Experiences and Business Success” and INDYCAR racing engineer and data scientist Alex Castrounis Continue reading

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NOAA Satellites Helped Save 350 Lives in 2023

U.S. Department of Commerce

NOAA Satellites Helped Save 350 Lives in 2023 January 23, 2024 KCPullen@doc.gov Tue, 01/23/2024 - 15:54 Weather and satellites NOAA’s satellites, known for their pivotal role in tracking weather and climate, were behind the rescue of 350 people from harrowing, life-threatening ordeals in the U.S. and its surrounding waters in 2023. NOAA’s polar-orbiting and geostationary satellites are part of the global Search and Rescue Satellite Aided Tracking system, or COSPAS-SARSAT, which uses a network

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Vanda Seeks Supreme Court Review on Lower Standard for Obviousness

Patently-O

Vanda Pharmaceuticals recently filed a petition for writ of certiorari , asking the Supreme Court to review a May 2023 decision by the Federal Circuit that invalidated claims from four Vanda patents covering methods of treating Non-24-Hour Sleep-Wake Disorder (“Non-24”) using the drug tasimelteon (Hetlioz). Vanda Pharmaceuticals Inc., v.

Art 80
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PTAB Issues Final Written Decision Finding Seagen Antibody-Drug Conjugate Patent Claims to be Unpatentable

JD Supra Law

​​​​​​​On January 16, 2024, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office issued a Final Written Decision in a post-grant review (PGR) (PGR2021-00030) of claims in US Patent No. 10,808,039 (“the ’039 patent”) owned by Seagen.

Patent 73
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Luxury Car Assembly at Audi and Daimler

Christopher Roser

Recently I had the chance to visit the high-end luxury car assembly lines of two German car makers, Audi and Mercedes, making the Audi A8 and the Maybach respectively. The feel of these plants is more about craftsmanship than mass production, quite different from “normal” cars. Audi A8 The Audi A8 is the luxury. Read more The post Luxury Car Assembly at Audi and Daimler first appeared on AllAboutLean.com.

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Updates on Aflibercept BPCIA Litigation - January 2023

JD Supra Law

On January 10, 2024, Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed a Complaint in the U.S. District Court for the Central District of California against Amgen Inc. (“Amgen”) alleging infringement of 32 patents under the BPCIA based on Amgen’s submission of an aBLA for ABP 938, a proposed biosimilar of EYLEA (aflibercept).

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Canadian Copyright in the Age of Generative AI: My Submission to the Government’s Copyright Consultation

Michael Geist

The government’s consultation on copyright and generative AI closed last week. The submissions are not yet public, but I am pleased to post my submission, which focused on an exception for text and data mining, the inclusion of copyrighted works in large language models, and the copyright implications of outputs from generative AI systems. My submission noted that the consultation raises several questions related to generative AI and copyright.

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New USPTO Guidelines: After the Supreme Court's Amgen Decision, In re Wands Factors Remain Applicable Enablement Framework

JD Supra Law

On January 10, 2024, the United States Patent and Trademark Office (USPTO) issued "Guidelines for Assessing Enablement in Utility Applications and Patents in View of the U.S. Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al." (Guidelines).

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Senators Hear Praise And Worry About Patent Eligibility Bill

IP Law 360

Proponents of a bill aiming to overhaul patent eligibility law said at a hearing Tuesday that it would spur innovation and eliminate confusion about what can be patented, while critics expressed concern that it would allow patents on concepts that everyone should be free to use.

Patent 59
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Artificial Intelligence Is Not a “Person” in the United Kingdom

JD Supra Law

The United Kingdom Supreme Court has held that AI is not a person. In 2018, Stephen Thaler filed two patent applications with the U.K. Intellectual Property Office (“UKIPO”). The UKIPO rejected the patent applications on the basis that a person must be listed as an inventor under UK law. Dr. Thaler contended that his AI application, DABUS, autonomously generated the two inventions that were the subject matter of the patent applications.

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Study Platform Told To Turn Over Copyright Data To University

IP Law 360

A federal magistrate judge ordered study aid platform Learneo Inc. to turn over any documents or data it has that could show that it failed to follow the Digital Millennium Copyright Act to a Connecticut university accusing it of stealing school resources and passing them off as its own.

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Identifying Protocols by Name May Disclose Sufficient Structure for Computer-Implemented Means-Plus-Function Limitations

JD Supra Law

In Sisvel International S.A. v. Sierra Wireless, Inc. et al., Nos. 22-1493, 22-1547 (Fed. Cir. 2023), Sierra Wireless challenged claims 1-10 of Sisvel’s U.S. Patent No. 6,529,561 (“the ’561 patent”) in an inter partes review. The Patent Trial and Appeal Board’s final written decision found claims 1-3 and 9 unpatentable, but upheld the patentability of claims 4-8 and 10.

Patent 68
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Patent Board Wipes Out Fintech Patents Asserted In Texas

IP Law 360

Two rulings from the Patent Trial and Appeal Board have deleted language in patents covering mobile payment technology that were asserted in settled lawsuits against companies like Apple, Google and Visa in the Western District of Texas.

Patent 59
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Federal Circuit Patent Watch: Raising a new prior art reference in an IPR as a joined petitioner

JD Supra Law

Precedential and Key Federal Circuit Opinions - CYWEE GROUP LTD. v. ZTE (USA) INC., LG ELECTRONICS INC. [OPINION] (2021-1855, 1/18/2023) (Prost, Hughes, and Stoll) - Prost, J. The Court affirmed the Patent Trial and Appeal Board’s (“Board”) decision finding that certain claims of U.S. Patent No. 8,441,438 (“the ’438 patent”) were unpatentable and denying CyWee Group LTD’s (“CyWee”) motion to amend its claims.

Art 68
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How Grey Is Your Market? Identifying Grey Market Issues and Strategies to Combat Them 

Corsearch

The globalized world of commerce has blurred geographical boundaries, allowing products to reach consumers far and wide. However, whilst international trade fosters economic growth and exchange, it also creates opportunities for grey market goods to emerge. Authentic products are being diverted from authorized channels and sold outside of the manufacturer’s control, posing significant challenges for brands, retailers, and consumers alike.

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4:20 Unfriendly – TTAB Says 4:20 is Deceptively Misdescriptive of Goods Not Used with Cannabis

JD Supra Law

Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”). Republic amended its goods twice during prosecution of the application and ultimately sought to register “tobacco; cigarette papers; cigarette filters; cigarette tubes; cigarette rolling machines; handheld machines for injecting tobacco into cigarette tubes; machines allowing smokers to make cigarettes by themselves; none of the.

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Presenting at an International Seminar

Biswajit Sarkar Copyright Blog

We are elated to share that our founder Adv. Biswajit Sarkar has been invited to be a Speaker at the online Seminar- “ The Transformation of Law under the influence of Technical and Economic Internationalization ” organized by the School of Foreign Law of Kutafin, Moscow State Law University (MSAL) along with the Commission on International Affairs and Scientific Cooperation Moscow regional branch of the Association of Lawyers of Russia.