Thu.Jun 22, 2023

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3 Count: Furniture Fight

Plagiarism Today

Ninth Circuit rules copyright and trade dress not exclusive, RIAA targets AI discord server and the British Museum targeted by translator. The post 3 Count: Furniture Fight appeared first on Plagiarism Today.

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Megaupload Fugitive Arrested By Armed Police 11 Years After The Raid

TorrentFreak

The wheels of justice in the Megaupload case may have moved at a glacial pace over the last 11 years but there’s no doubt they continue to move. After entering into a plea deal with New Zealand authorities, last week former Megaupload coders Mathias Ortmann and Bram van der Kolk were sentenced at the High Court in Auckland to a total of five years in prison , to be served in New Zealand.

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Copyright in Flight Cockpit Recordings

Plagiarism Today

A recent case filed with the Copyright Claims Board examines an unusual question: Who holds the copyright to a cockpit flight recorder? The post Copyright in Flight Cockpit Recordings appeared first on Plagiarism Today.

Copyright 175
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PREVAIL Act Would Overhaul PTAB Practice

IP Watchdog

On the same day the Patent Eligibility Restoration Act of 2023 was introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC), the two senators, along with their colleagues, Dick Durbin (D-IL) and Mazie Hirono (D-HI), introduced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act today. The bill’s aim is to reform the Patent Trial and Appeal Board (PTAB) and would build upon Coons’ STRONGER Patents Act, introduced in 2019.

Patent 137
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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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RIAA Targets ‘AI Hub’ Discord Users Over Copyright Infringement

TorrentFreak

With over 142k members, the ‘AI Hub’ Discord server is a thriving community that opens the door to lots of AI-related content. There’s a wide variety of information available, including voice models of major musicians such as Bruno Mars, Frank Sinatra, Rihanna, and Stevie Wonder. All of this information can be used to make homebrew AI tracks that mimic the sound of one’s favorite artists.

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Tillis and Coons Bill Would Eliminate all Judicial Exceptions to Patent Eligibility

IP Watchdog

As predicted by former United States Court of Appeals for the Federal Circuit Chief Judge Paul Michel last month, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) have introduced the first of what Michel said will be multiple bills aimed at fixing the U.S. patent system. Today’s bill, the Patent Eligibility Restoration Act of 2023, would eliminate all judicially-created exceptions to U.S. patent eligibility law.

Patent 111

More Trending

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Bad Dog! SCOTUS Sides with Jack Daniel’s in Trademark Fight Over “Poop-Themed” Dog Toy

JD Supra Law

The United States Supreme Court unanimously sided with Jack Daniel’s in a trademark infringement dispute with dog toy manufacturer VIP Products over a poop-themed, chewy dog toy, in Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. (2023). Justice Elena Kagan, who authored the opinion, noted that whiskey and a dog toy are two items that rarely appear in the same sentence together.

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Don’t Ask Judges to Be Archaeologists

The IP Law Blog

In response to Google L.L.C.’s (“Google”) and other’s petitions for inter partes review (“I.P.R.”) of two patents owned by Parus Holdings, Inc. (“Parus”), the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) found a number of claims obvious over prior art. The Court of Appeals for the Federal Circuit affirmed the PTAB’s decision, shedding additional light on the requirements and burdens of patent owners when responding to I.P.R. petitions.

Art 98
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Painting the Town: The Legal Landscape of Commissioned Murals

JD Supra Law

Public art installations like murals can be an exciting, effective way to transform the aesthetics of a property — and oftentimes the character of an entire community. Whether it’s a business district looking to attract customers, a municipality creating a point of interest for visitors, or neighbors venerating a beloved member of their community, murals offer a unique opportunity to capture attention, communicate a message, and serve as a cultural beacon, all at the same time.

Art 98
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It is to laugh

Likelihood of Confusion

In mid-December I wrote about the chuckles unintentionally provided to the Second Circuit during oral argument of the appeal by Louis Vuitton of the rejection of its claims in the now-famous “My Other. The post It is to laugh 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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Unpacking IDC v Lenovo (Part I): The approach on unpacking and comparing prior licence agreements

The IPKat

Following IPKat’s breaking news on the Interdigital v Lenovo FRAND Judgment, this Kat finally managed to digest and analyse the detail of the Judgment. This is Part I of the detailed reporting on that Judgment. The Judgment is divided into three sections. First, the comparables case, second, the top-down analysis, and third, the allegations regarding conduct ([16]).

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After Amgen: What SCOTUS Said—and Didn’t Say—About Enabling a Claim’s Full Scope

IP Watchdog

The Supreme Court’s reasoning in Amgen v. Sanofi upholds the Federal Circuit’s longstanding requirement to enable the full scope of a claimed invention. Since the Patent Act of 1790, patent law has required describing inventions with such clarity and specificity as to enable one skilled in the art to make and use the claimed invention. Moreover, the Court has consistently held that a patent fails to satisfy the enablement requirement if a person having ordinary skill must engage in undue experim

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DCA Reports High Incidence of Credit Card Fraud on Pirate Sites

The Illusion of More

Digital Citizens Alliance (DCA) released a new report yesterday with the eye-popping statistic that 72% of Americans who subscribe to pirate media sites experience incidences of credit card fraud compared to 18% prevalence of credit card fraud among those who do not subscribe to pirate sites. These data are based on a survey of 2,030 […] The post DCA Reports High Incidence of Credit Card Fraud on Pirate Sites appeared first on The Illusion of More.

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Tillis, Coons Bills Aim To Limit Invalidation Rulings

IP Law 360

U.S. Sens. Thom Tillis and Chris Coons on Thursday introduced legislation that would make it harder to invalidate patents over eligibility and rein in when parties can use the Patent Trial and Appeal Board.

Patent 75
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Hulkamania Kush: Hulk Hogan Gets Into Cannabis

JD Supra Law

Even in the years before cannabis turned into a billion-dollar industry, celebrities associated with cannabis have found their way to use their public profile for entrepreneurial reasons within the culture and industry of this plant. Tommy Chong famously was indicted in a nationwide criminal investigation due to selling his signature bongs online while the Doggfather himself, Snoop Dogg, has attached his expertise and experience in cannabis to multiple different cannabis brands throughout the.

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Gaming Co. Asks Court To Reconsider Infringement Injunction

IP Law 360

Sweepstakes and bingo game maker Epic Tech has asked a North Carolina federal court to reconsider denying an injunction against sweepstakes businesses it says are infringing on its copyrights.

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UK Inventor Loses 3D Scanner Patent Infringement Case Due to Repeated ‘Bad Faith’ Behavior

IP Watchdog

On Wednesday, June 21, the U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a nonprecedential opinion that a Florida district court correctly dismissed a UK-based patent owner’s infringement case after he willfully disobeyed the court and disrupted the enforcement of a court order. The ruling is the second time that the UK resident, Yoldas Askan, lost a patent infringement lawsuit against FARO Technologies.

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IP Forecast: 2 Live Crew Seeks To Win Back Copyrights

IP Law 360

A Florida federal judge will consider next week whether members of Miami hip-hop group 2 Live Crew can terminate their old record deal after a lawyer for their erstwhile label bought their copyrights in a bankruptcy proceeding. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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In-house reveal how to combat ‘unjustified’ Indian patent refusals

Managing IP

Counsel at three companies say in-house due diligence and an updated patent manual can help improve the quality of patent decisions in India

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BREAKING: Jury Says Chipmaker Impinj Didn't Infringe Rival's Patent

IP Law 360

Seattle chipmaker Impinj Inc. did not infringe a rival's patent involving radio frequency identification, or RFID, tracking technology, a federal jury in Seattle determined Thursday.

Patent 75
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It’s a Hard Rock Life: Guitar-Shaped Hotel Warrants Trademark, but Hilton Doesn’t

JD Supra Law

In a twin set of precedential opinions, the Trademark Trial & Appeal Board laid the foundation for determining whether building designs can be trademark protected as service marks. In re Palacio Del Rio, Inc., Ser. Nos. 88412764; 88437801 (TTAB May 25, 2023) (Shaw, Goodman, Hudis, ATJs); In re Seminole Tribe of Florida, Ser. No. 87890892 (TTAB May 25, 2023) (Taylor, Greenbaum, Johnson, ATJs).

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Fed. Circ. Affirms Netflix's PTAB Win Against Broadcom

IP Law 360

The Federal Circuit has backed the Patent Trial and Appeal Board's finding that certain claims in a Broadcom Corp. patent relating to video-on-demand technology were invalid, handing a win to streaming giant and patent challenger Netflix.

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First Rule of the PTAB? Play by the Rules

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed two Patent Trial & Appeal Board decisions holding the challenged claims unpatentable as obvious, even though the Board declined to consider evidence of antedating and found that the claims lacked written description support. Parus Holdings, Inc. v. Google LLC, Case Nos. 22-1269; -1270 (Fed.

Patent 62
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Statements Made When Prosecuting Narrower Parent Application Do Not Necessarily Limit a Child Patent

LexBlog IP

In Supernus Pharm., Inc. v. Lupin Ltd. , C.A. No. 21-1293 (D. Del. April 5, 2023), the United States District Court for the District of Delaware construed two claim terms disputed by the parties. The court did not apply the prosecution history of the parent application to narrow the claims at issue and also held that certain parts of the decided constructions were appropriate in this case based on the description in the specification.

Patent 52
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Supreme Court Declines to Shred Rogers v. Grimaldi in Trademark Tug-of-War Over Dog Toy

JD Supra Law

The Supreme Court issued a unanimous decision on June 8 in Jack Daniel's Properties v. VIP Products LLC, __ US __ (2023), a victory for Jack Daniel's in a battle over whether a dog toy infringed and diluted Jack Daniel's trademarks and trade dress. The decision has (for now) preserved courts' longstanding framework for balancing freedom of expression with the protection of trademark rights, but has sharpened the boundary between the First Amendment and Lanham Act when trademark rights and.

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What Are The Conditions To Purchase A Property In The UAE?

LexBlog IP

The UAE is a popular destination for real estate investment due to its booming economy, attractive tax benefits and stable political environment. Purchasing a property in the UAE can be an attractive investment opportunity for both local and international buyers. However, purchasing a property in the UAE can be a complex process with several legal requirements and regulations that must be followed in order to ensure a smooth and legally compliant transaction.

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District Court Finding of Invalidity Does Not Excuse Applying Fintiv Factors For Discretionary Denial

JD Supra Law

On May 2, 2023, in Volvo Penta of the America’s, LLC v. Brunswick Corp., Case No. 2022-1366 et al., Paper 15 (PTAB May 2, 2023), Director Vidal sua sponte vacated a PTAB decision denying IPR institution due to a district court finding of invalidity. Director Vidal held that the district court’s invalidity finding was not a final adjudication and therefore did not excuse applying the Fintiv test.

Law 55
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Apple Foe Can't Get Fed. Circ. To Rethink $576M Patent Loss

IP Law 360

The Federal Circuit on Thursday declined to grant VirnetX Inc.'s request for panel rehearing in the company's legal fight against Patent Trial and Appeal Board decisions that have jeopardized a $576 million verdict it won against Apple.

Patent 52
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False Advertising: Verifiably False Versus Subjective Opinion

JD Supra Law

In a case originally based on a false advertising claim under § 43(a) of the Lanham Act, the US Court of Appeals for the Ninth Circuit affirmed in part, reversed in part and remanded the district court’s dismissal of the claim. The Ninth Circuit concluded that the defendant’s description of a competitor’s software product was plausibly alleged as an element of false advertising.

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Interesting Patents | Nintendo and Pokémon Company’s New Patent Application

LexBlog IP

Interesting Patents | Nintendo and Pokémon Company’s New Patent Application by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.

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Gibson Dunn Says Shearman Hire Does Not DQ Firm In IP Suit

IP Law 360

Gibson Dunn & Crutcher LLP has taken aim at California telecom company Viasat Inc.'s bid to disqualify the firm in a Texas federal court patent dispute due to a firm attorney's recent move from Shearman & Sterling LLP, blasting the tactic as a "sword" to "hamstring" its client's defense.

IP 52
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Don’t Ask Judges to Be Archaeologists

LexBlog IP

In response to Google L.L.C.’s (“Google”) and other’s petitions for inter partes review (“I.P.R.”) of two patents owned by Parus Holdings, Inc. (“Parus”), the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) found a number of claims obvious over prior art.

Art 52
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Ex-Montgomery McCracken Attys Move To Berger Montague

IP Law 360

A team of former Montgomery McCracken Walker & Rhoads LLP attorneys have moved their practice to Berger Montague's Philadelphia office to help the plaintiffs firm launch a new intellectual property practice.

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New 101 Bill to Avoid Case Law Morass

LexBlog IP

Bill to Reset Analysis Today, U.S. Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Patent Eligibility Restoration Act of 2023. You can find the text of the bill ( here ). The bill is a slightly refined version of the proposal floated last summer. Most of the changes seem directed to assessing the relevance of a mathematical formula as part of the claim, and making clear that otherwise patent ineligible subject matter cannot be saved by mere computer implementation.

Law 52
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Reichman Jorgensen Adds 4 IP Attys From Shearman

IP Law 360

Trial boutique Reichman Jorgensen Lehman & Feldberg LLP has added a team of four trial attorneys — two partners and two associates — from Shearman & Sterling LLP, the firm announced this week, adding expertise in patents, trade secrets and complex commercial litigation to its Silicon Valley office.

IP 52