Fri.Mar 15, 2024

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BitTorrent is No Longer the ‘King’ of Upstream Internet Traffic

TorrentFreak

In the past two decades, Internet traffic has exploded with more bytes being transferred in each successive year. While this stable trend continues, the types of traffic that pass through the pipes have changed radically. Back in 2004, in the pre-Web 2.0 era, research indicated that BitTorrent was responsible for an impressive 35% of all Internet traffic.

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[Guest post] Dramatic reversal in the CRISPR Broad Institute cases following G 1/22

The IPKat

In G 1/22 (and G 2/22), the Enlarged Board of Appeal (EBA) found that there is a strong rebuttable presumption that an applicant of a European patent application is entitled to claim priority. An interesting question following G 1/22 was the potential impact (if any) on the high-profile CRISPR dispute. The Broad Institute famously lost a highly commercially valuable CRISPR patent for invalid priority ( T 844/18 , IPKat ).

Patent 109
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Fed. Circ. Backs PTAB Decision In Vacuum Patent Fight

IP Law 360

The Federal Circuit backed the Patent Trial and Appeal Board's decision that SharkNinja had not proven the invalidity of several claims of Roomba maker iRobot's patent on robot vacuum technology.

Patent 105
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Likelihood of extrusion

Likelihood of Confusion

Reprinting my annual Passover post. The first seder is tonight, Friday, March 1st. I’ll be offline and unaccountable for comment moderation, glitch control or anything else until the night of the 3rd (Sunday), New York time: Here’s a nice thought on the topic, apropos for our 24/6 social media lifestyle: The 21st century is certainly a marvelous […] The post Likelihood of extrusion appeared first on LIKELIHOOD OF CONFUSION™.

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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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Data Scraper Allowed To Scrap, Replace Patent Claims

IP Law 360

An Israeli web data scraper has convinced judges on an administrative patent board to let it switch up language in a patent that's being challenged, shortly after the U.S.

Patent 105
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YouTuber Liable For Bogus DMCA Notice “Awareness Campaign” Targeting Bungie

TorrentFreak

One of the most frustrating aspects of DMCA notices outside the usual complaints aired by rightsholders, is their ability to trigger policies that assume notices are accurate and in some cases, should be blindly obeyed. Certainly, if the sender of a bogus notice puts in enough effort, the end result can be the removal of whatever material appears in the notice, even when sent to the largest platforms most familiar with fraudulent claims.

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The EU AI Act: an Impact Analysis (part 2)

JD Supra Law

The EU AI Act is on the verge of becoming the first law to specifically govern the use of artificial intelligence at a European level. In light of the extensive set of new obligations imposed on companies, and considering the broad extra-territorial scope of the regulation, businesses in all sectors are required to adequately prepare for the new law.

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'Texas Tamale' Fries Rival In Cross-Texas Trademark Spat

IP Law 360

Over three years of legal delays and a tortured case that was "actually arguing mere descriptiveness under the guise of genericness" somehow failed to persuade a judge in Houston to unseat a trademark owned by a small company on the phrase "Texas Tamale.

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EU AI Act – Landmark Law on Artificial Intelligence Approved by the European Parliament

JD Supra Law

The highly anticipated EU Artificial Intelligence Act is finally here! With extra-territorial reach and wide-reaching ramifications for providers, deployers, and users of Artificial Intelligence (“AI”), the Artificial Intelligence Act (“AI Act”) was finally approved by the European Parliament (“EP”) on March 13, 2024. The text of the approved version is based on the political agreement that the EP reached with the Council of the European Union in December 2023.

Law 77
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Infringement Policy Lessons From 4th Circ. Sony Music Ruling

IP Law 360

The Fourth Circuit's recent decision in Sony Music v. Cox Communications, which in part held that the internet service provider was liable for contributing to music copyright infringement, highlights the importance of reasonable policies to terminate repeat infringers, and provides guidance for litigating claims of secondary liability, say Benjamin Marks and Alexandra Blankman at Weil.

Music 98
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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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The IP of NFTs - USPTO and U.S. Copyright Office Publish Joint Study Results

JD Supra Law

The U.S. Patent and Trademark Office and the U.S. Copyright Office recently published the results of their co-study (on the interplay between non-fungible tokens (NFTs) and intellectual property.

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Fed. Circ. Says Tube-Mac Execs Co-Invented Gas Tank Patent

IP Law 360

The Federal Circuit ruled Friday that two executives of pipe company Tube-Mac Industries Inc. significantly contributed to the invention of a road trailer for transporting liquefied natural gas, upholding a lower court's finding that they must be credited as co-inventors on the patent.

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[Audio] The Briefing: The Patent Puzzle: USPTO's Guidelines for AI Inventions (Podcast)

JD Supra Law

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this installment of "The Briefing" by Weintraub Tobin.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen Howard Kennedy face legal action by a London hotel chain, former racing boss Bernie Ecclestone and Formula One hit with a breach of contract claim by a Brazilian racecar driver, and a libel row between broadcaster Jeremy Vine and ex-footballer Joey Barton. Here, Law360 looks at these and other new claims in the U.K.

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“badgalriri” Renders Puma’s Design Patent Invalid

JD Supra Law

A seemingly innocuous Instagram post by Rihanna is the reason that a Puma design patent* was held invalid. Last week, the General Court of the European Union affirmed the decision of a lower tribunal, invalidating Puma’s application on the grounds that the design had been publicly disclosed prior to the application’s filing date.

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What Recent Study Shows About AI's Promise For Legal Tasks

IP Law 360

Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

Law 98
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[Video] The Briefing: The Patent Puzzle: USPTO's Guidelines for AI Inventions

JD Supra Law

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this installment of "The Briefing" by Weintraub Tobin.

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Trade Secret Cases Are Up As Clients Eye Patent Alternatives

IP Law 360

Trade secret litigation has seen a gradual increase over the past decade, driven by the promise of substantial damages awards, a new federal law, and frustration over the challenges of patent litigation, according to intellectual property attorneys.

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The First Prolia® / Xgeva® Biosimilar Approvals in the U.S.

JD Supra Law

On March 5, 2024, the FDA approved Sandoz’s Jubbonti® and Wyost® (denosumab-bddz) as the first biosimilars of Amgen’s Prolia® and Xgeva® (denosumab). The launch date for these biosimilars has not been announced as Amgen and Sandoz continue their BPCIA litigation in the district of New Jersey.

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Bitcoin 'Founder' Held In Contempt For Disclosure Delay

IP Law 360

A Florida federal judge on Friday held self-professed bitcoin inventor Craig Wright in civil contempt for delaying disclosure of financial information to the holder of a $143 million judgment against him and said a sanctions award of reasonable attorney fees and costs would be appropriate.

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Ghost in the machine: AI and patent protection

JD Supra Law

On December 20, 2023, the UK Supreme Court dismissed Dr. Stephen Thaler’s appeal from the Court of Appeal (England and Wales), finding that AI cannot be an inventor because an inventor must be a natural person1. This issue has yet to be addressed in Canada. Nevertheless, with the proliferation of AI, it is inevitable that Canadian courts will soon have to confront the question: can an invention generated by AI, without any human contribution, be patented?

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Bradley Arant Adds IP Team From Moore & Van Allen In NC

IP Law 360

A three-attorney intellectual property team has jumped from Moore & Van Allen PLLC to Bradley Arant Boult Cummings LLP in Charlotte, North Carolina.

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Labor Unions and Logos: Where to Draw the Line in Analyzing Design Elements?

JD Supra Law

When we think of trademark infringement, unions don’t typically come to mind. However, in recent headlines, three different companies have alleged trademark infringement against their unions. These companies, Trader Joe’s, Medieval Times, and Starbucks, have all made similar arguments alleging confusion based upon the union’s use of the company’s name and/or branding design elements.

Designs 68
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The Briefing: The Patent Puzzle: USPTO’s Guidelines for AI Inventions

The IP Law Blog

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Cultivating Innovation in Agribusiness: The Surge of AI Patents—Part 1

JD Supra Law

This blog is part of a two-part series on patents and artificial intelligence technology in the AgTech and Agribusiness Industry. Part two, Cultivating Innovation in Agribusiness: Drafting AI Patents outlines some of the challenges in AI patenting specific to the agricultural sector, and the key considerations companies should keep front of mind when drafting strong patent applications.

Patent 68
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Jury Awards GeigTech $34.6M In Roller Shade Patent Trial

IP Law 360

A New York federal jury has found that home lighting fixtures company Lutron owes GeigTech $34.6 million for infringing its patent on window shade brackets, while also finding that the infringement was willful.

Patent 59
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Infringing gin part II: Court of Appeal victory for M&S against Aldi’s copycat design

JD Supra Law

Designers and brand owners will be comforted by Marks & Spencer’s Court of Appeal victory. It reinforces the importance of registering designs to protect against copycat products and, as the first Court of Appeal decision since harmonisation finding a registered design valid and infringed, it does show that English courts can be design friendly.

Designs 68
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Analysis of February 2024 Delhi High Court Judgment in InterDigital v. Oppo – II

SpicyIP

Bank Guarantee In the given case, the Court held the bank guarantee issued by HSBC-Paris to be unacceptable – since it does not fall within the jurisdiction of Delhi High Court. HSBC-India declined to confirm the bank guarantee citing that HSBC-India and HSBC-Paris are technically different entities (para 22). My understanding is, the guarantee issued by HSBC-Paris was meant to secure the counter-offer made by the defendants in the global licensing negotiations.

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In ParkerVision v. Vidal, the PTAB Relies on a Patent Incorporated by Reference to Arrive at a Different Claim Construction than District Court Proceedings

JD Supra Law

On December 15, 2023, a Panel of the U.S. Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board’s obviousness decision in ParkerVision, Inc. v. Vidal.1 At issue in this appeal was whether the Board properly construed the claim term “storage element”—which was given a different and broader construction than that of a district court that considered the same patent.

Patent 65
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Analysis of February 2024 Delhi High Court Judgment in InterDigital v. Oppo – I

SpicyIP

I provided an overview of the 21 February 2024 Delhi High Court judgment in the earlier post. I will analyse the judgment in this series. Broadly speaking, I am unable to agree with the concept of providing an interim deposit when there is a clear timeline in place for completing the trial. The award of interim deposit, when the Court has not even conducted a prima facie review of the case, is counter-intuitive.

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Federal Circuit Limits Claims to the Described Invention and Finds That Certain Targeted Advertising Claims Were Unpatentable

JD Supra Law

The precedential opinion reaffirmed that when a patentee consistently describes its present invention, its claims will be limited to such invention unless it meets a narrow exception. The decision reaffirmed that targeted advertising can be an abstract idea.

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Leveque Intellectual Property Law, P.C. is Seeking a Patent / Intellectual Property Attorney

IP Watchdog

Leveque Intellectual Property Law, P.C., one of America’s oldest continuously-operated patent practices founded and operated by a woman patent attorney, is seeking a registered U.S. patent attorney, preferably with a proven track record in patenting software, artificial intelligence (AI), convolutional network, medical devices, and other electrical technologies.

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Key Takeaways - Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks

JD Supra Law

Kilpatrick’s Dan Englander and James Trigg recently presented to clients and colleagues on the topic of “Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks” at the firm’s annual 2024 Advanced Trademark Law Seminar in New York City. Mr. Englander focused on how AI is impacting the area of trademark law while Mr. Trigg provided insight on this fast-evolving technology’s effect on copyright law.

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Other Barks & Bites for Friday, March 15: Caltech and Microsoft Settle Patent Infringement Lawsuit; USPTO and USCO Release Joint NFT Study; and Danish Soccer League Wins Trademark Battle with the Super League

IP Watchdog

This week in Other Barks & Bites: the U.S. Patent and Trademark Office (USPTO) and U.S. Copyright Office (USCO) release a joint study on the IP implications of non-fungible tokens (NFTs); The New York Times Company denies “hacking” ChatGPT; and Caltech and Microsoft settle a wi-fi patent infringement case.

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Done Shopping

JD Supra Law

On March 12, 2024, the Judicial Conference of the United States announced an amendment of the policy governing random case assignment to “deter[] judge-shopping.” This amendment, effective immediately, applies to all civil actions that seek to bar or mandate state or federal actions by declaratory judgment or any form of injunctive relief.