Fri.Jun 14, 2024

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The CRTC and Online Streaming: Money Now; Details Later

Hugh Stephens Blog

Photo: Author The first shoe has dropped for foreign online music and video streamers in Canada, at least those generating more than $25 million a year in “contribution revenues” from the Canadian market.

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TorrentGalaxy Goes Offline With Mysterious Message to Users

TorrentFreak

In little over five years, TorrentGalaxy has grown out to become a leading player in the torrent ecosystem. The site originally set out to ‘ bridge the gap ‘ between torrent and streaming sites, but it became much more than that. With a dedicated group of uploaders and an active community, TorrentGalaxy provided a safe haven for many avid torrenters.

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[Video] The Briefing: Scarlett Johansson vs Chat GPT What the Legal Claims Would Look Like

JD Supra Law

Did Scarlett Johansson's voice inspire 'Sky'? Scott Hervey and Jamie Lincenberg of Weintraub Tobin unpack the controversy between Scarlett Johansson and OpenAI's Chat GPT. Explore potential legal claims and the intricacies of voice rights in AI on this episode of The Briefing.

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Amazon Owes $122M For Infringing Ad Patents, Jury Says

IP Law 360

A federal jury in Waco, Texas, said Friday that Amazon should pay a small advertising software outfit almost $122 million, which was on the lower end of a request that stretched upward to $348 million.

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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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Denuvo Owner Shuts Down Clone Sites, Perpertrators Seem Up For a Chase

TorrentFreak

Mirror and clone sites were once deployed to keep popular sites alive as they imploded under the weight of their own popularity and ensuing traffic. The strategy was famously deployed around Suprnova, one of the original torrent giants. Given how often the whole site went down, unable to cope with unprecedented success, in hindsight it was given an unintentionally appropriate name.

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Tata Must Pay $168M For Trade Secret Theft, Texas Judge Says

IP Law 360

A Texas federal judge has ordered Tata Consultancy to pay $168 million for willfully misappropriating an IT company's trade secrets concerning source code and life insurance software documentation, plus $25 million in prejudgment interest.

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Amazon Slams Co.'s Bid For $180M Interest On $525M IP Win

IP Law 360

Amazon urged an Illinois federal judge Thursday to reject software company Kove IO Inc.'s demand for $180 million in interest and fees on top of a $525 million infringement verdict relating to cloud data storage patents, arguing Kove delayed bringing its case for years since it sought to start a business venture with Amazon.

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Federal Circuit Affirms Patent Rejection for Lack of Enablement in In re Pen

Patently-O

by Dennis Crouch The Federal Circuit (CAFC) recently affirmed a USPTO enablement rejection — holding that the patentee did not enable the “full scope” of the claimed invention. In re Pen , 23-2282 (Fed. Cir. 2024) (non-precedential). As an aside, the listed inventor’s legal name is “The Pen;” first and last name respectively, with no middle initial.

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Life After The FTC Ban: Alternatives To Non-Competes

JD Supra Law

The FTC's proposed ban on non-compete agreements is still making its way through the legal system, but businesses are already looking for alternatives to protect their interests. Keep in mind that it is not necessarily the employee you want to prevent from joining a competitor – although the loss of a good employee is always a hit – rather, it’s the trade secret you want to keep safe.

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Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Technology & Marketing Law Blog

[Warning: this is a 5,600 word blog post]. There are two critically important cases over “social media addiction” pending in California state court and as an MDL in the federal Northern District of California. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. I can’t see what’s happening in state court, but I have no reason to believe that it’s any less contentious.

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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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[Audio] NCAA Settlement - Highway to NIL Podcast

JD Supra Law

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.

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TorrentGalaxy Goes Offline With Mysterious Message to Users (Update, It’s ‘Back’)

TorrentFreak

Note: the site appears to be back online at a new domain name, see updates below. — In little over five years, TorrentGalaxy has grown out to become a leading player in the torrent ecosystem. The site originally set out to ‘ bridge the gap ‘ between torrent and streaming sites, but it became much more than that. With a dedicated group of uploaders and an active community, TorrentGalaxy provided a safe haven for many avid torrenters.

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[Audio] The Briefing: Scarlett Johansson vs Chat GPT What the Legal Claims Would Look Like (Podcast)

JD Supra Law

Did Scarlett Johansson's voice inspire 'Sky'? Scott Hervey and Jamie Lincenberg of Weintraub Tobin unpack the controversy between Scarlett Johansson and OpenAI's Chat GPT. Explore potential legal claims and the intricacies of voice rights in AI on this episode of The Briefing.

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Other Barks and Bites for Friday, June 15: U.S. Chamber Calls Out Senator Sanders for Abuse of Power, USPTO Creates Process to De-Designate Precedential PTAB Decisions, and Roche Sues Indian Sellers of Expired Accu-Chek Devices

IP Watchdog

This week in Other Barks and Bites: the D.C. Court of Appeals finds that the Administrative Procedures Act waives sovereign immunity in the context of copyright rule promulgation; the U.S. Chamber of Commerce calls out Sen. Bernie Sanders for abusive subpoenas targeting a pharmaceutical executive at Novo Nordisk; the U.S. Patent and Trademark Office establishes an online process for de-designating precedential decisions of the Patent Trial and Appeal Board; Oracle stock rose by 13% in Wednesday

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Balancing AI-Powered Drug Discovery’s Risk and Reward

JD Supra Law

AI is shaving years off the drug-discovery process. But it’s not just leaving other research modalities in the dust—the law itself is struggling to keep up, especially when it comes to patenting AI-aided drug discovery.

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Motif Gets Most Of Impossible Foods Patent Trimmed At PTAB

IP Law 360

The Patent Trial and Appeal Board has invalidated claims of an Impossible Foods Inc. meat-substitute patent that food technology company Motif Foodworks Inc. had challenged, finding they were obvious.

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PTAB Rulings Shed Light On Quantum Computing Patents

JD Supra Law

Quantum computing, a field that harnesses quantum physical phenomena such as superposition and entanglement to perform complex computational tasks, is an emerging technology area. The uncertainties regarding the feasibility of technical features and the knowledge possessed by those of ordinary skill in the art in this area give rise to interesting enablement questions.

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Judge Won't Undo Save Of J&J Patent After Fed. Circ. Ruling

IP Law 360

A federal court has refused to reconsider a March decision finding Tolmar failed to show a patent on Janssen's blockbuster schizophrenia drug Invega Sustenna was invalid as obvious.

Patent 59
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Courtside Counsel - June 2024

JD Supra Law

The NCAA reaches a historic settlement to pay college athletes. What to know: NPR - What: On May 23, 2024, the NCAA and the so-called “power five” athletic conferences reached a groundbreaking agreement that seeks to end the century-old tradition of amateurism in college sports by allowing athletes to receive pay directly from the colleges and universities they play for.

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Calif. Software Co. Hits UnitedLex With Copyright Suit

IP Law 360

California-based technology company Scalr Inc. has filed a copyright infringement lawsuit against data and professional services company UnitedLex in federal court , accusing the Kansas-based company of continuing to use its infrastructure software after its contract expired on Dec. 31.

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Case Analysis: The Supreme Court Rules A Plaintiff May Claim Over A Decade’s Worth Of Damages For A Copyright Claim Involving A Song By The Artist

JD Supra Law

The Supreme Court recently ruled 6-3 in the case of Warner Chappell Music, Inc., et al. v. Nealy, et al. that producer Sherman Nealy may claim damages for an unlicensed sample of his work used in Flo Rida’s 2008 hit song “In the Ayer.” The infringing activity, Nealy claimed, dated back to 2008— ten years before he brought suit. Nealy sought damages and profits for the alleged misconduct.

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@JustineBateman: Daniel “Bundles” Ek is making a bundle and it’s sickening

The Trichordist

Justine Bateman nails it again.

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“Significance” Of Inventor Contributions To AI-Assisted Inventions – Red Flags And Potential Traps Within Patent Office Guidance

JD Supra Law

Can we trust U.S.P.T.O. guidance on inventorship determinations for AI-assisted inventions, if that guidance runs headlong into case law precedent? Recently I started to believe the U.S.P.T.O. set a possible and unintended trap for its stakeholders. Their guidance calls something “significant” that other legal analysis would likely call “insignificant.

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Meta Halts AI Tech Debut In EU After Regulatory Backlash

IP Law 360

Meta Platforms Inc. said Friday that it was putting on hold plans to expand its artificial intelligence offerings to the European market after the Irish privacy regulator raised concerns about the company's efforts to use public content posted on Facebook and Instagram to fuel these models.

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Should a Printed Publication Be Considered in Inter Partes Reviews Based Only on its Publication Date?

JD Supra Law

Lynk Labs has presented an argument to the Federal Circuit, asserting that patent applications should only be utilized to invalidate patents in inter partes reviews based on their publication date. Currently, the filing date of the printed publication is typically the prevailing consideration.

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Justices Are Asked To Wade Into Blood Pressure Drug IP Fight

IP Law 360

United Therapeutics is taking its patent case seeking to stop a rival from selling a drug that competes with its blockbuster treatment for high blood pressure to the U.S. Supreme Court.

IP 52
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Understanding the Work Made for Hire Doctrine in Copyright Law - Part 1

JD Supra Law

Understanding the work made for hire doctrine under the Copyright Act of 1976 is key for effective intellectual property management. The default ownership rule under the Copyright Act provides ownership to the author (i.e., creator) of the work.

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Samsung Can't Get Stay After PTAB Axes IP In $303M Verdict

IP Law 360

A Texas federal judge has refused to stay a case in which Samsung was found to have infringed computer memory patents that were later invalidated in parallel proceedings at the Patent Trial and Appeal Board.

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Patent Poetry: WIPO Members Adopt Treaty to Protect Indigenous IP

JD Supra Law

Member states of the World Intellectual Property Office (WIPO) recently approved a new treaty on intellectual property (IP), genetic resources, and traditional knowledge. WIPO is the United Nations agency “that serves the world’s innovators and creators, ensuring that their ideas travel safely to the market and improve lives everywhere.”.

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Court Says NYC Can Intervene In Cannabis TM Fight

IP Law 360

New York City is looking to kill a Manhattan entrepreneur's trademark lawsuit over a cannabis themed cruise he claims stole his logos when advertised on Facebook, with the municipality arguing the businessman has been previously ordered to stop using its "NYC" logo.

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217 Trademark Registrations Issued to Indiana Entities in May 2024

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 217 trademark registrations to persons and businesses in Indiana in May 2024 based on applications filed by Indiana trademark attorneys: Registration Number Wordmark 7377089 M MERCHANTS BANK OF INDIANA 7377091 MERCHANTS BANK OF INDIANA 7377090 M MERCHANTS BANK OF INDIANA 7383748 GUIDED PATHWAYS 7383753 GAME CHANGERS 7383747 PURPOSE FIRST 7383749 MOMENTUM PATHWAYS 7378370 KATHLEEN POST 7382555 TRIP HAPPENS 7389860 INDY LIQUIDATION 7

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3 Ways To Fight Alice Rejections Of Blockchain Patents

IP Law 360

With blockchain-related patent application filings on the rise, Thomas Isaacson at Polsinelli offers strategies for responding to U.S. Patent and Trademark Office determinations that the blockchain network is just a generic computer and patent-ineligible under the U.S. Supreme Court's 2014 Alice v. CLS Bank decision.

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The Critical Role of Trade Secrets in Biotechnology and Life Sciences

Intepat

In an age of innovation and technology and stricter patent regulations, trade secrets have emerged as a breath of fresh air for companies facing difficulties in obtaining patent protection. Obtaining a patent can be challenging due to the complex procedures, higher thresholds, and various risks involved, which are particularly daunting for smaller companies.

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Littler Aims To End Theft Suit After $1M Deal With Ex-Firm Atty

IP Law 360

Littler Mendelson PC this week moved to drop a lawsuit accusing a former associate of stealing confidential documents following a settlement in which the firm agreed to pay her nearly $1 million, though a separate, newer case in which the lawyer accuses Littler of violating that deal remains open.

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Sanction for failure to implement SAGRILAFT

Olartemoure Blog

By Resolution 200-006813, the Superintendency of Companies appellate body upheld a first-degree sanction against a company dedicated to importing and distributing steel for not adopting the SAGRILAFT in 2022, when its implementation deadline expired. As a result, four fines were confirmed for non-compliance with Chapter X of the Basic Legal Circular.