JD Supra Law

MARCH 8, 2024

The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v. OpenAI, Inc. and Silverman v. OpenAI, Inc., 2024 U.S. Dist. LEXIS 24618 (N.D. Cal. Feb. 12, 2024). The books in question include The Cabin at the End of the World by novelist Paul Tremblay and The Bedwetter by comedian Sarah Silverman.

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Copyright 127

IP Law 360

MARCH 8, 2024

Cahill Gordon & Reindel LLP has spent the last year building up a new intellectual property practice, with a veteran of top law firms leading the way and attorneys from White & Case LLP joining the firm earlier this year.

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Intellectual Property Litigation IP Law 98

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. The TRO acts like a supernotice compared to the traditional takedown notice: it targets sellers, not individual items; and it implicates their cash from all of their sales, not just the allege

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Trademark Law Trademark IP Blogging 98

IP Law 360

MARCH 8, 2024

The U.S. International Trade Commission has decided that a Swedish manufacturer of air conditioners for use on boats doesn't have a patent case against a handful of rivals based in Florida and China after all.

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Patent 97

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?

Technology

TorrentFreak

MARCH 8, 2024

Late last month we reported on the latest copyright claim data made available by YouTube. In the first half of 2023, YouTube said it processed 980 million Content ID claims , a 25% increase compared to a year earlier. Given the upward trajectory, soon there will be a billion Content ID copyright claims every six months, which rounds to over two billion claims every year.

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IP Law 360

MARCH 8, 2024

As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

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IP and Legal Filings

MARCH 8, 2024

THE DICHOTOMY AND THEIR HARMONIOUS EXISTENCE The issue of jurisdictional overlap between federal and local bodies, which causes conflicts in decision-making and implementation, is one of the constant issues with India’s federal structure. This dichotomy results from the complexities involved in drawing boundaries between the authority of local self-governance institutions and the federal government.

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JD Supra Law

MARCH 8, 2024

COMPETITION - -Non-opposition to a notified concentration (Case M.11385 - Permira / Blackstone / Adevinta) -Non-opposition to a notified concentration (Case M.11381 - Allianz / Pimco / Silver Point / Incora.

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IP Watchdog

MARCH 8, 2024

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday, March 7, vacated a decision of the Patent Trial and Appeal Board (PTAB) that had held unpatentable certain claims to CoolIT Systems, Inc.’s patent. U.S. Patent 9,057,567 is titled “Fluid Heat Exchange Systems” and is directed to a system for fluid heat transfer to cool electronic devices.

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JD Supra Law

MARCH 8, 2024

Artificial intelligence (AI) is rapidly transforming the world around us, and intellectual property (IP) is no exception. AI is being used to create new and innovative products and services, and it is also being used to enhance the efficiency and effectiveness of IP management.

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IP Business Intellectual Property 70

Advertiser: IPO

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.

Patent

IP Watchdog

MARCH 8, 2024

This week in Other Barks and Bites: Amazon and Huawei resolve their patent dispute by closing a global patent agreement; the U.S. Department of Justice (DOJ) arrests a Chinese citizen accused of stealing proprietary information from Google, and the Bank of America announces patent growth with focus on AI.

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Copyright Infringement Patent Copyright Intellectual Property 69

JD Supra Law

MARCH 8, 2024

Like OpenAI before it, Microsoft has sought to dismiss portions of the lawsuit the New York Times has brought against it over ChatGPT. While raising some of the same arguments, Microsoft takes a more traditional path with its motion relying on the facts pled in the Times's complaint. However, it also relies on an extended analogy to the VCR (and the Supreme Court's "Betamax" decision) to suggest a framework for the court's analysis.

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The IP Law Blog

MARCH 8, 2024

How far back can a plaintiff recover damages in a copyright infringement case? Scott Hervey and Jamie Lincenberg discuss this contested copyright law question in this installment of “The Briefing” by Weintraub Tobin.

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Copyright Copyright Law Copyright Infringement Law 62

JD Supra Law

MARCH 8, 2024

How far back can a plaintiff recover damages in a copyright infringement case? Scott Hervey and Jamie Lincenberg discuss this contested copyright law question in this installment of "The Briefing" by Weintraub Tobin.

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Copyright Copyright Infringement Copyright Law Law 68

The TTABlog

MARCH 8, 2024

Here are the three Section 2(d) appeals recently decided by the TTAB. So far this year, the affirmance rate in Section 2(d) appeals is over 90%. How do you think these three came out? No hints this time. [Answers in first comment.] In re Bath Busters, Inc. , Serial No. 90850908 (February 28, 2024) [not precedential] (Opinion by Judge Christen M. English) [Section 2(d) refusal of BATH BUSTERS for "remodeling of residential and commercial bathroom[s]" in view of the registered mark TILE BUSTERS ,

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Copyright 62

JD Supra Law

MARCH 8, 2024

​​​​​​​On March 5, Sandoz announced that the FDA approved its denosumab biosimilars, WYOST and JUBBONTI, as interchangeable with Amgen’s XGEVA and PROLIA. These are the first and only FDA-approved denosumab biosimilars.

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IP Law 360

MARCH 8, 2024

Federal patent officials are giving a yearlong extension to a program that allows smaller inventors who are filing their first patent applications to cut the line for their inventions to be reviewed.

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JD Supra Law

MARCH 8, 2024

Kilpatrick’s Darin Gibby and David Hsu presented a session during the firm’s annual “SKI-LE” in Vail, Colorado, exploring prosecution laches and continuation application strategies in light of the recent decision in Sonos v. Google. Firm clients and attorneys heard how this case may have major implications in the patent law landscape as in-house counsel often seek to file continuation applications over several years to cover scope not explicitly claimed in the first application.

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Patent Law Law Patent 68

IP Law 360

MARCH 8, 2024

An Oregon federal magistrate judge has determined that Adasa Inc. is owed about $88.3 million in a case where Avery Dennison was found to infringe a patent on radio frequency identification tags, while also saying Adasa was owed ongoing royalties and interest.

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Patent 59

JD Supra Law

MARCH 8, 2024

Scammers know no bounds, including in the world of trademarks. NGE has noted a recent uptick in fraudulent e-mails, calls, and texts directed at trademark applicants and registrants. These scammers typically use information about your brand to solicit personal information or steal money, often under the guise of registering your brand or “moving your application forward.”.

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43(B)log

MARCH 8, 2024

Kandel v. Dr. Dennis Gross Skincare, LLC, 2024 WL 965621, No. 23-cv-01967 (ER) (S.D.N.Y. Mar. 5, 2024) Similar California litigation at a later stage. Kandel alleged that Gross Skincare deceptively labeled and advertised its skincare products as containing collagen when, in fact, they do not. “Collagen is a protein found exclusively in humans and animals that has been linked to youthful skin, hair, and nails.

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Branding Brands Branding Advertising 59

JD Supra Law

MARCH 8, 2024

Streamline and accelerate the steps for protecting and managing intellectual property rights such as patents, trademarks, copyrights, and trade secrets. Protecting intellectual property like technological advancements, creative works, or patents demands attention to detail and multiple levels of review.

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Intellectual Property IP Technology Trademark 68

IP Tech Blog

MARCH 8, 2024

Over the past several months, we have seen an increase in notices from alleged trademark firms. The emails are identical or substantially similar to the following: Hi [recipient], I hope this email finds you in good health. I am writing to you on behalf of the legal department of [Trademark Firm]. We have received an application for the registration of the trademark “[ recipient company name ]”.

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Trademark Registration Branding Brands 57

JD Supra Law

MARCH 8, 2024

On February 23, 2024, Judge McMahon (S.D.N.Y.) entered findings of fact and conclusions of law pertaining to issues relating to Defendant Lutron Electronics Co. (“Lutron”)’s defenses of invalidity and unenforceability of U.S. Patent Nos. 9,237,821 (“the ’821 Patent”) and 10,294,717 (the ’717 Patent”), which claimed priority from the ’821 Patent. Both patents were asserted by Plaintiff GeigTech East Bay LLC (“GeigTech”) against a Lutron fastening system for mounting a roller window shade.

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IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”). The reason?

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JD Supra Law

MARCH 8, 2024

In a non-precedential opinion; In re America in Harm’s Way; Serial No. 87976064, issued on November 30, 2023, the United States Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”), decided the issue of whether a commonly used term or slogan can be registered as a trademark. The proposed mark was the phrase KEEP AMERICA GREAT! in standard characters for use and registration in connection with ornamental novelty pins.

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U.S. Department of Commerce

MARCH 8, 2024

Career Tip – Say Yes! February 26, 2024 CAndrade@doc.gov Fri, 03/08/2024 - 09:21 Here’s a tip that will take you through your whole life: When Elizabeth Liu and Ruby Sheikh and from Georgetown University Law Center invite you to coffee, say yes! I had a blast talking to Elizabeth and Ruby about their work at Georgetown Law’s Office of Public Interest and Community Service.

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Law 54

JD Supra Law

MARCH 8, 2024

The United States Patent and Trademark Office (USPTO) recently issued a Notice of Proposed Rulemaking seeking to revise its rules on amendment practice under the America Invents Act (AIA). Specifically, the USPTO is proposing to make permanent certain provisions of their 2019 motion to amend (MTA) pilot program, which is currently set to terminate in September 2024.

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IP Law 360

MARCH 8, 2024

The U.S. International Trade Commission has undone administrative findings that Chicago parts maker LKQ Corp. and other companies flouted federal patent law by allegedly importing certain headlights and taillights.

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JD Supra Law

MARCH 8, 2024

In Avue Technologies Corporation v. Secretary of Health and Human Services, Administrator of the General Services Administration (Case No. 22-1784), the United States Court of Appeals for the Federal Circuit vacated the Civilian Board of Contract Appeals’ (CBCA) dismissal of a software developer’s claim for lack of jurisdiction on the basis that the software license, standing alone, was not a procurement contract for purposes of the Contract Disputes Act (CDA).

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IP Law 360

MARCH 8, 2024

A D.C. federal judge must reject suspended U.S. Circuit Judge Pauline Newman's challenge to the Judicial Conduct and Disability Act, as her constitutional arguments are too limited, the Federal Circuit Judicial Council said Friday.

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Law 52

LexBlog IP

MARCH 8, 2024

Over the past several months, we have seen an increase in notices from alleged trademark firms. The emails are identical or substantially similar to the following: Hi [recipient], I hope this email finds you in good health. I am writing to you on behalf of the legal department of [Trademark Firm]. We have received an application for the registration of the trademark “[ recipient company name ]” The applicant is seeking legal protection for this brand name.

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IP Law 360

MARCH 8, 2024

EasyGroup Ltd. has disputed Volkswagen's claim that a website for electric-vehicle charging stations wrongly used a VW vehicle logo, among other issues, asserting that EasyGroup wasn't responsible for the site and had filed an "easyCharging" trademark in good faith.

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IP Trademark 52

LexBlog IP

MARCH 8, 2024

“On February 21, 2024, Change Healthcare, a subsidiary of UnitedHealth Group was the victim of the most significant cyberattack on the US healthcare system in American history. Change Healthcare is the predominant source of more than 100 critical functions that keep the healthcare system operating.” – American Hospital Association Letter March 4, 2024 This hack was first reported by the Wall Street Journal on February 23, 2024, in an article entitled “ Hospitals and Pharm

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Journalism Reporting Intellectual Property 52

IP Law 360

MARCH 8, 2024

This past week in London has seen Barclays initiate legal proceedings against top Russian private bank JSC Alfa-Bank; Lex Greensill, founder of the collapsed Greensill Capital, suing the U.K.'s Department for Business and Trade; Wikipedia's parent company hit with a libel claim; and a sports journalism teacher filing a data protection claim against Manchester United F.C.

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