Wed.Jun 28, 2023

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3 Count: Declining Genius

Plagiarism Today

US Supreme Court declines to hear Genius case, DAZN wants tougher anti-piracy in Italy and The Pirate Bay reopens registrations. The post 3 Count: Declining Genius appeared first on Plagiarism Today.

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The Pirate Bay Reopens its Doors to New Members After Four Years

TorrentFreak

When The Pirate Bay launched nearly 20 years ago, its main goal was to become a bastion of free and uncensored information. The site categorically rejects takedown requests from copyright holders and allows anyone to upload almost anything. Since its early days, The Pirate Bay has always been free to use and open to the public at large. Those who wanted to share files only had to register an account, which was easy enough.

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Yet Another NFT Plagiarism Scandal

Plagiarism Today

Even after the NFT market crash, the crypto community still faces issues of plagiarism and copyright infringement. The post Yet Another NFT Plagiarism Scandal appeared first on Plagiarism Today.

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Six-Month Sentence For Sharing Pirated eBooks & Paywalled News Articles

TorrentFreak

Following a piracy crackdown in Denmark and the closure of the largest torrent sites as part of a joint Rights Alliance and police operation, content-hungry pirates dispersed to find new homes. With DanishBits and NordicBits consigned to history, many ended up at Asgaard, a relatively young private members site happy to take on new members. Opening up under these circumstances was a bold but risky move.

Reporting 127
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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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Recent Evidence Raises Questions on Efforts to Silence Dissent at the Federal Circuit

IP Watchdog

As the readers of this blog know, the Special Committee of the Judicial Council of the Federal Circuit is investigating a complaint identified against Federal Circuit Judge Pauline Newman. The Complaint alleges that Judge Newman “is unable to discharge all the duties of office by reason of mental or physical disability.” As a result, the Complaint essentially alleges, Judge Newman has authored too few majority (including unanimous per curiam) opinions compared to her colleagues, ignoring altoget

Blogging 111
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Fourth Circuit Holds a Trade Secret’s Value Must Not Merely Be Commercial, but Must Come From Its Secrecy

JD Supra Law

At a Glance - The Fourth Circuit’s decision in Synopsys, Inc. v. Risk Based Sec., Inc., No. 22-1812, 2023 WL 4009505 (4th Cir. June 15, 2023), highlights that trade-secret plaintiffs must prove that their secret information is not just commercially valuable, but that it's commercially valuable because it is secret.

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Privacy Suit Says AI Could 'Decide To Eliminate The Species'

IP Law 360

OpenAI violated the copyrights and privacy of hundreds of millions of internet users to create ChatGPT and other artificial intelligence products, pursuing profits at the expense of privacy, ethics and potentially even the existence of the human race, according to a proposed class action filed Wednesday in California federal court.

Privacy 98
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Over the Last Decade India has Spent Rs. 1,00,000 crores on Scientific Research with No Transparency: Time to Resuscitate the PUPFIP?

SpicyIP

Image by photoroyalty on Freepik We are extremely pleased to bring to our readers a guest post by Prashant Reddy T. and Saranya Ravindran on the lack of transparency on public funded R&D in India. Prashant, one of our most prolific bloggers , is an advocate and an author. Saranya is a 3rd year student at Nalsar University of Law, Hyderabad. Over the Last Decade India has Spent Rs. 1,00,000 crores on Scientific Research with No Transparency: Time to Resuscitate the PUPFIP?

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Warhol and Prince: Good Artists Borrow, Great Artists…Litigate

JD Supra Law

Picasso said: “good artists borrow, great artists steal.” Or maybe he took the phrase from someone else. In any case, the US Supreme Court has again confounded the legal world by upending expectations, if not years of precedent – though this time in the intellectual property arena. Warhol v. Goldsmith also has the potential to upend long-held practices in the art world.

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Why I Oppose the California Journalism Protection Act (the Short Version)

Technology & Marketing Law Blog

I recently wrote a lengthy blog post explaining the many problems with the California Journalism Protection Act (JCPA), AB 886. I submitted a letter of opposition to the Senate Judiciary Committee with just some quotable lowlights. My letter: __ CJPA is bad policy: CJPA is unlikely to create or sustain any journalism at all. Instead, it will simply enrich the journalism operators’ stockholders, even if they don’t spend any payments on journalism at all.

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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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Colour inversion does not alter distinctive character – if the trade mark is sufficiently distinctive

The IPKat

In case R1422/2022-2 , the Board of Appeal of EUIPO dealt with the question whether the colour inversion of a rather simple sign is sufficient to establish genuine use. Background Hummel Holding A/S (‘Hummel’) owns International Registration no. 915962 designating the EU for the following figurative mark: It was registered for the EU in 2006 for various goods and services in classes 3, 18, 25, 28, and 35.

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Eligibility Bill Gives Attys Relief Even With 'Squishy' Terms

IP Law 360

A bill introduced last week by Sens. Thom Tillis and Chris Coons aiming to press reset on patent eligibility law would provide important clarification on the muddled topic, though attorneys are concerned about some of its undefined language.

Law 75
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When is it necessary to amend the description of a patent post-grant (T2391/18)

The IPKat

The decision of the EPO Board of Appeal in T 2391/18 considered whether non-conformity of the description with the claims can, by itself, invalidate a granted patent. The Board of Appeal concluded that a discrepancy between the claims and the description is a clarity issue, and therefore not a ground for Opposition by itself. Description amendments: What is all the fuss about?

Patent 70
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Judge Says Pharma Industry Has 'Perverted' Hatch-Waxman

IP Law 360

A Delaware federal judge has refused to further support his finding that a patent on bladder medication Myrbetriq is ineligible for patent protection as owner Astellas Pharma and various generic-drug makers fight over the invalidity finding at the Federal Circuit, but remarked that pharmaceutical companies have "perverted" the bounds of federal patent law.

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Federal Circuit Nixes APA Challenge to PTAB Pilot, Cites Amgen in Enablement Analysis

IP Watchdog

Yesterday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Medytox, Inc. v. Galderma S.A. affirming a final written decision by the Patent Trial and Appeal Board (PTAB) invalidating Medytox’s patent claims covering methods for treating patients with botulinum toxin and denying a revised motion to amend patent claims.

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Paltrow Win Offers Lesson In Celebs Staying On Brand At Trial

IP Law 360

Gwyneth Paltrow was recently cleared of liability for a ski collision by a Utah state jury, demonstrating why lawyers should consider the public's preexisting perception of a high-profile client and not be afraid to leverage it at trial, even if a celebrity’s persona is unrelatable, say attorneys at Winston & Strawn.

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House Moves on Bill to Reform the PTAB

IP Watchdog

Less than one week after a bipartisan group of senators introduced the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL) Act of 2023, the House yesterday introduced a companion bill. The bill is also sponsored on a bipartisan basis by Representatives Ken Buck (R-CO) and Deborah Ross (D-NC). Following the introduction of the PREVAIL Act by Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL) and Mazie Hirono (D-HI) last week, Jamie Simpson, wh

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Patent Verdict Against Meta In Texas Boosted Past $200M

IP Law 360

A Texas federal judge has agreed to revise an infringement judgment of nearly $175 million against Meta over network reception technology, adding about $27 million in supplemental damages and implementing an ongoing royalty rate but rebuffing the patent owner's bid for a partial retrial.

Patent 72
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And Taco Tuesday

43(B)log

Speaking of authenticity, here is a funny WSJ podcast --even if you don't listen to the whole thing, it's worth listening to Gregory Gregory claim he invented Taco Tuesday, the discussion of its appearance in the 1930s, and then the last minute where he makes a surprising admission.

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Never too late: in case you missed the IPKat last week

The IPKat

Here’s what you missed from the IPKat last week. Designs Anna Maria Stein commented on a recent Italian Supreme Court’s decision concerning the jurisdiction of the Italian courts when determining whether harm has occurred within the jurisdiction in connection with requests for declaration of non-infringement of International Registered Designs (IRDs).

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Protecting Innovations in SaMD & Biomedical Applications

JD Supra Law

With the ever-growing adaptation of software in all realms of health care, the market for software for medical devices (SaMD) is forecasted to grow 16.7% per year over the next decade and surpass $5 billion by 2032. Innovations in biomedical applications are increasingly relying on software, which are often developed by software engineers in close concert with clinicians at medical institutions and biomedical researchers.

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Update on Lady Voldemort

Likelihood of Confusion

We first wrote about her lawsuit against a fansite operator here. Sam Bayard has the latest. Originally posted 2011-09-09 10:52:08. Republished by Blog Post Promoter The post Update on Lady Voldemort appeared first on LIKELIHOOD OF CONFUSION™.

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Congress Seeks to Eliminate the Judicial Exceptions to Patent Eligibility

JD Supra Law

On June 22, Senator Thom Tillis (R – NC) and Senator Chris Coons (D – DE) introduced the Patent Eligibility Restoration Act of 2023, which seeks to eliminate all judicial exceptions to patent eligibility. The bill proposes that “[a]ny invention or discovery that can be claimed as a useful process, machine, manufacture, or composition of matter, or any useful improvement thereof” should be eligible for patent protection, with the following exceptions.

Patent 55
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Congress Seeks to Eliminate the Judicial Exceptions to Patent Eligibility

LexBlog IP

On June 22, Senator Thom Tillis (R – NC) and Senator Chris Coons (D – DE) introduced the Patent Eligibility Restoration Act of 2023, which seeks to eliminate all judicial exceptions to patent eligibility. [1] The bill proposes that “[a]ny invention or discovery that can be claimed as a useful process, machine, manufacture, or composition of matter, or any useful improvement thereof” should be eligible for patent protection, with the following exceptions: A mathematical fo

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[Video] 5 Key Takeaways | Section 101 & Spec Drafting: Preparing Your Patents for a 101 Attack

JD Supra Law

Karam J. Saab recently joined a panel of other industry leaders at The 21st Annual Rocky Mountain Intellectual Property Institute -- the premier forum for bringing together intellectual property professionals from across the U.S. and beyond – to discuss “Section 101 & Spec Drafting: Preparing Your Patents for a 101 Attack.” * The opinions expressed are those of the attorneys and do not necessarily reflect the views of the firm or its clients.

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Jumping All The Right Fences: Ranbir Singh

Herbert Smith Freehills

Ranbir, who was the firm between 1998 and 2003, is Head of Compliance for APAC for the US fintech company, Fiserv. He looks back on a career so far that is full of challenges and opportunities that came along at just the right time. Did you always want to be a lawyer? I was not sure what I wanted to do. Like others, perhaps, I chose law because I thought it would strengthen my analytical skills and communication, which might be relevant to any career perspective.

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Federal Circuit Patent Watch: Patent owner assumes temporary burden of production when attempting to antedate prior art

JD Supra Law

Precedential Federal Circuit Opinions - BLUE GENTIAN, LLC v. TRISTAR PRODUCTS, INC. (21-2316, 6/9/23) (Prost, Chen, and Stark) - Prost, J. The Court affirmed the district court’s decision finding that a nonparty should have been named an inventor.

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New Associate Attorney, Melanie Lane, Strengthens our Trademark and Litigation Teams

LexBlog IP

New Associate Attorney, Melanie Lane, Strengthens our Trademark and Litigation Teams by Founders Legal Founders Legal is excited to welcome Melanie Lane to the team! Melanie joined as an Associate Attorney, enriching our Trademark and Litigation teams. Melanie earned her Juris Doctorate in 2022 from Pepperdine University’s renowned Caruso School of Law.

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In re Couvaras (Fed. Cir. 2023)

JD Supra Law

The Federal Circuit provided a reminder last week that merely identifying an unappreciated consequence of a prior art method cannot confer non-obviousness on practice of methods that did not acknowledge that consequence, in In re Couvaras.

Art 52
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The Gun Fight Over the Wyatt Earp Whiskey Trademark

LexBlog IP

On August 17, 2021, the U.S. Patent and Trademark Office issued a trademark registration for WYATT EARP for use in relation to alcoholic beverages. Consistent with the Wyatt Earp name, a fight has broken out over the trademark. The World Whiskey Society has filed its own WYATT EARP trademark and has also filed a Petition to Cancel the prior registration.

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How Quickly are Judge Albright Patent Cases Going to Trial?

JD Supra Law

Since being appointed to the bench in 2018, Judge Alan Albright in Waco Texas has had one of the busiest patent dockets in the nation, rivaling that of Delaware and the Eastern District of Texas. He quickly gained a reputation as providing a quick trial schedule and moving a case forward. Judge Albright has stated that he aims to get to trial within 24 months of a complaint being filed.

Patent 52
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Wrestling Burnout and Finding a Rhythm of Rest

Herbert Smith Freehills

Combine the competitive working practices in the legal profession with the high-achieving personality of the perfectionist lawyer and you have the typical recipe for burnout. John Nagulendron 2.jpg Following a legal career at Herbert Smith Freehills, John joined Swiss-based Pala Investments in 2010 where he spent the last 12 years leading teams in private equity investing.

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Baker Botts Adds IP Expert To San Francisco Office

IP Law 360

Baker Botts LLP has hired an intellectual property partner who has dedicated her career to intellectual property litigation and most recently was working for herself at a solo venture, according to a firm statement.

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Congress Seeks to Eliminate the Judicial Exceptions to Patent Eligibility

IP Intelligence

On June 22, Senator Thom Tillis (R – NC) and Senator Chris Coons (D – DE) introduced the Patent Eligibility Restoration Act of 2023, which seeks to eliminate all judicial exceptions to patent eligibility. [1] The bill proposes that “[a]ny invention or discovery that can be claimed as a useful process, machine, manufacture, or composition of matter, or any useful improvement thereof” should be eligible for patent protection, with the following exceptions: A mathematical formula that is not part o

Patent 52
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Warhol’s Brush With AI: Redefining Fair ?Use for Generative AI ?and Large Language ?Models?

JD Supra Law

The Supreme Court recently revisited the applicability of “fair use” as a defense to copyright claims. While the case involved two artistic titans in their fields—Prince and Andy Warhol—the decision will have enormous effects on the emerging-but-already-colossal AI industry, as owners of these AI models have already asserted that their scraping of copyrighted works is protected by “fair use.