Wed.Dec 13, 2023

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3 Count: Spotify’s Return

Plagiarism Today

US ISP hit with massive copyright lawsuit, trial over Disney-used face capture software continues and Spotify will not leave Uruguay. The post 3 Count: Spotify’s Return appeared first on Plagiarism Today.

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All About the New USPTO Trademark Search System

Erik K Pelton

Erik introduces you to the new USPTO search engine and shares his thoughts about the updated platform in this podcast. The post All About the New USPTO Trademark Search System appeared first on Erik M Pelton & Associates, PLLC. Erik introduces you to the new USPTO search engine and shares his thoughts about the updated platform in this podcast.

Trademark 130
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Science Fiction and Fantasy Writers Take Aim at AI Freeloading

TorrentFreak

Over the past year, artificial intelligence enjoyed its mainstream breakthrough. The instant success of ChatGPT and follow-up releases of other large language model-based tools kickstarted what many believe is a new revolution. By now it is clear that AI offers endless possibilities. At the same time, however, it has ignited many new worries. Copyright holders, in particular, are concerned that their work is being used as training models but without permission. ‘Piracy-Trained’ AI Mo

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The criteria for the novelty and inventive step of pharmaceutical selection inventions (T 1356/21)

The IPKat

The recent Board of Appeal decision in T 1356/21 covered a number of interesting legal points in the field of pharmaceutical patents. The case related to the novelty and inventive step of a second medical use claim. The only distinguishing feature of the claim in view of the prior art was the specified concentration of the active substance (insulin) in the pharmaceutical formulation.

Invention 119
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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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Denosumab Biosimilar Updates

JD Supra Law

​​​​​​​Celltrion Submits Denosumab BLA to FDA: On November 30, 2023, it was reported that Celltrion had completed submission of its application to the FDA for CT-P41, its denosumab biosimilar of Amgen’s PROLIA and XGEVA.

Reporting 117
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The Biggest Patent Rulings Of 2023

IP Law 360

Over the last year, the Federal Circuit has suspended one of its own judges, Delaware's chief federal judge has told the U.S. Department of Justice to investigate attorneys practicing in his court, and the Federal Circuit vacated a huge infringement verdict. Here's what you need to know about these cases and other major decisions in 2023.

Patent 115

More Trending

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Harlem Globetrotters Drop IP Suit Over Player Biopic

IP Law 360

The Harlem Globetrotters have settled an intellectual property dispute with the makers of a biopic about one of its legendary athletes, Nat "Sweetwater" Clifton, after initially claiming that the film could harm the team's brand.

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France: Streaming & DDL Piracy Fall But Cloud & Usenet Boosts Wipe Out Gains

TorrentFreak

For more than a decade, the French government has produced a report detailing the digital content consumption habits of French internet users. Currently produced by telecoms regulator Arcom, the content consumption barometer report quantifies consumption of major content categories including movies, TV shows, live sports broadcasts, music, video games, software, and audiobooks, among others.

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3 Law Firm Practice Areas That Gained Popularity In 2023

IP Law 360

As new and emerging legal concerns plagued clients, large law firms sprung into action in 2023, launching new practice groups to accommodate the increased need.

Law 98
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BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

Kat-negotiations. As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU). After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right fo

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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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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance.

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Adoption Of 3D In IP Filing

Biswajit Sarkar Copyright Blog

On December 06, 2023, the Eurasian Patent Office instituted a ground breaking stride in IP system by adopting the WIPO Standardisation termed- ST.91. This standardisation provides recommendations for Intellectual Property Offices (IPOs) and other interested parties that manage, store, process, exchange or disseminate IP data using digital three-dimensional (3D) models and 3D images.

IP 73
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Federal Circuit Patent Watch: Nearly $2.2 Billion Damages Award Vacated

JD Supra Law

Precedential and Key Federal Circuit Opinions - 1. VLSI TECHNOLOGY LLC, v. INTEL CORPORATION [OPINION] (2022-1906, 12/04/2023) (Lourie, Dyk, Taranto) - Taranto, J. The Court reversed the judgment of infringement on one patent with a $675 million jury award, affirmed the judgment of infringement on another patent but vacated the damages award of $1.5 billion with respect to that patent, and reversed the denial of a motion for leave to amend to add a license defense.

Patent 70
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VOGUE VEGAN for Cosmetics Dilutes Famous VOGUE Marks, Says TTAB

The TTABlog

The Board sustained an opposition to VOGUE VEGAN for cosmetics containing no animal products or by-products, and granted a petition for cancellation of a registration for that same mark for "personal shopping for others who want goods containing no animal products or by-products," on the ground that the mark dilutes the famous VOGUE and VOGUE-formative marks for fashion magazines and related services.

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Whether a less performant technical solution disclosed in the evidence gives opposite technical teaching | Administrative Lawsuit on Invalidation of BASF’s Patent

JD Supra Law

Judgment Gist - Evidence 5 discloses that “the process according to the invention forms a product which rigidifies far better than alternative treatments, for instance the use of water swellable, water swellable polymers or pre-formed solutions of water soluble polymers.” Evidence 5 discloses the technical solution of the subject patent which uses “a solution of a water-soluble polymer”.

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A Proposed Likeness Law Paves the Way for a New Federal Right of Action

IP Tech Blog

In the age generative AI, it is easier than ever to make an unauthorized AI replica of our favorite celebrities. Using AI algorithms, deepfake technology can create authentic-looking, fictional reproductions, making it quite difficult to spot the difference between a real and a fake. Many of us see AI generated songs and recordings on the internet every day, but rapid advancements in this technology pose rising threats for well-known performers, as well as ordinary people, who have little contro

Law 62
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AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws

JD Supra Law

Key Points The rapid adoption of artificial intelligence (AI) technology across the economy has raised a number of novel legal issues.

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Fed. Circ. Backs Rejection Of Institut Pasteur's Patent App

IP Law 360

The Federal Circuit on Wednesday upheld a decision rejecting claims in Institut Pasteur's patent application for a pain treatment method, saying it was because the French biomedical research center already had a similar patent.

Patent 59
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Federal Government Releases Proposed Guidance for Exercising “March-In” Rights Under the Bayh-Dole Act: Implications for Pharmaceutical and Medical Technology Companies

JD Supra Law

On December 8, 2023, the National Institute of Standards and Technology (NIST) published a draft guidance document regarding the government’s exercise of “march-in” rights under the Bayh-Dole Act. The Bayh-Dole march-in rights apply solely to patents and patent applications supported with federal funding, and not to products themselves.

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Georgia Signals Greater Leeway in Revising Overbroad Non-Competes

Trading Secrets

In a recent decision, the Eleventh Circuit seemed to approve a more forgiving standard for reviewing restrictive covenants. Courts generally have three colors in their markup kit for restrictive covenants. The first—and most severe—is the red pencil. In those jurisdictions, if any aspect of a restrictive covenant is overbroad, the court strikes out the whole provision.

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Janssen and Samsung Bioepis Settle STELARA (Ustekinumab) Litigation

JD Supra Law

Samsung Bioepis recently reported that it has signed a settlement and license agreement with Johnson & Johnson (“J&J”) in the United States relating to SB17, Samsung Bioepis’s ustekinumab biosimilar to J&J’s STELARA®. If SB17 is approved by the FDA, the license period in the United States will begin on February 22, 2025.

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Michigan's Biggest Decisions of 2023

IP Law 360

Michigan courts this year handed down rulings that should revitalize the plaintiffs' bar, shake up how the car capital of the world does business and serve as a reminder that nine-figure jury verdicts can be undone without enough evidence to back them up.

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Biden Administration Releases New Proposed Framework for the Exercise of “March-In” Rights under Bayh-Dole

JD Supra Law

The Biden Administration’s recent publication of the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights and its request for comments on the draft guidance will impact how march-in rights under Bayh-Dole may be exercised in the future.

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Ninth Circuit Waltzes with Choreographic Works

LexBlog IP

The 1976 Copyright Act significantly expanded intellectual property protection for dance by recognizing “choreographic works” as original works of authorship eligible for copyright protection. (Before the 1976 Act, narrative dance could be protected as a dramatic work, but abstract dance could not.) However, when Congress enacted the statute, it did not provide guidance for a key question: what is a choreographic work?

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Copyright Office Review Board Denies AI-Human Authorship Claim for Third Time

JD Supra Law

In an opinion issued on December 11, the US Copyright Office Review Board affirmed a refusal to register a work of art created in part by generative artificial intelligence (AI), concluding that the work lacked the “human authorship” necessary to claim copyright protection. The opinion is just the third time the Board has issued a written opinion analyzing the impact of generative AI on copyright protection.

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Atlanta Celebrates: USPTO’s New Southeast Regional Office Location

LexBlog IP

Atlanta Celebrates: USPTO’s New Southeast Regional Office Location by Jaime Chandra Atlanta Celebrates: USPTO’s New Southeast Regional Office Location We are thrilled to celebrate a significant milestone for the Atlanta technology ecosystem. On December 13th, 2023, the United States Patent and Trademark Office (USPTO) officially announced the selection of Atlanta as the site for its new Southeast Regional Office.

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Reading Tea Leaves: Oral Arguments in Motorola v. Hytera and the Extraterritorial Reach of the DTSA

JD Supra Law

Last week, the Seventh Circuit heard arguments in Motorola Solutions, Inc. v. Hytera Communications Corp. concerning when, if at all, civil claims under the Defend Trade Secrets Act (“DTSA”) may extend to extraterritorial sales. Based on the panel's questions, the Seventh Circuit is likely to offer litigants critical guideposts for understanding when “an act in furtherance of the offense” takes place in the United States and when trade secret owners may claim damages based on foreign sales under

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USPTO’s Semiconductor Technology Pilot Program

LexBlog IP

USPTO’s Semiconductor Technology Pilot Program by Yuri L. Eliezer Accelerating Innovation: Navigating the USPTO’s New Path for Semiconductor Patents The United States Patent and Trademark Office (USPTO) recently announced an important initiative that could significantly impact the semiconductor industry. On November 30, 2023, the USPTO unveiled the Semiconductor Technology Pilot Program (STPP), a strategic move to bolster research, development, and innovation in semiconductor manufac

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Holiday Reminder: Protect Your Business in “Restrictive Covenant Season”!

JD Supra Law

Early in the New Year we often see employees switching jobs, which can trigger disputes over restrictive covenants in their employment agreements.

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5 Steps For Healthcare Companies After Biden's AI Order

IP Law 360

Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.

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Failure to Prove “Prior” Art Results in Denial

JD Supra Law

The PTAB recently denied IPR institution in Sophos v. Open Text because the petitioner failed to show a reasonable likelihood that the asserted reference was, in fact, prior art. IPR2023-00732, Paper 23 (November 2, 2023).

Art 62
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USPTO Debuts New Trademark Search System

LexBlog IP

On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. According to the USPTO, the new system will provide a “more stable search environment with a simplified search interface that also supports complex searching for advanced users.” The new system—which does not have a catchy acronym —replaces the Trademark Electronic Search System (TESS).

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USPTO Debuts New Trademark Search System

Above the Fold

On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. According to the USPTO, the new system will provide a “more stable search environment with a simplified search interface that also supports complex searching for advanced users.” The new system—which does not have a catchy acronym —replaces the Trademark Electronic Search System (TESS).

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King & Spalding Adds IP Ace From McKool Smith In Austin

IP Law 360

King & Spalding LLP has expanded its Austin, Texas, office with an intellectual property litigator from McKool Smith whose work largely centers on representing universities, research institutes and technology companies, the firm announced Wednesday.

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The Bayh-Dole Act: Fostering Innovation Potential Across All Industries

IP.com

The impact of current inflation rates, the consolidation of organizations within the healthcare & pharmaceutical industries, and pharmaceutical price implications on U.S. government health programs such as Medicare and Medicaid have brought the Bayh-Dole Act back into the headlines of innovation industry news. This has led to another review of the core purpose of the Act, current administration’s impact with these efforts 1 , and the impact that U.S. government pressure on pharmaceutical cos