Fri.Jul 05, 2024

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Popular Pirate Site Animeflix Shuts Down ‘Voluntarily’

TorrentFreak

With dozens of millions of monthly visits, Animeflix positioned itself as one of the most popular anime piracy portals. The site also has an active Discord community of around 35k members, who actively participate in discussions, art competitions, even a chess tournament. Target: Animeflix While rightsholders take no offense at these side-projects, the site’s core business was streaming pirated videos.

Art 99
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How To Clean Up Your Generative AI-Produced Legal Drafts

IP Law 360

As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

Editing 98
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Sony’s Ancient Lawsuit vs. Cheat Device Heads in Right Direction – Sony’s Defeat

TorrentFreak

When today’s home video gaming market took its first tentative baby steps thanks to more affordable hardware in the early 1980s, the details of Sony’s lawsuit against Datel would’ve been dismissed as outrageous. This was a time of experimentation; one that thrived on the energy of pushing unimaginably incapable hardware by today’s standards, to perform in unexpected ways that often exceeded manufacturers’ expectations.

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5 Moments That Shaped The Supreme Court's Jan. 6 Decision

IP Law 360

When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

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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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Charte de la langue française du Québec : Les modifications au Règlement sur la langue du commerce et des affaires ont été publiées

JD Supra Law

Le 26 juin 2024, le gouvernement du Québec a publié la version modifiée de son règlement relatif à l’application des obligations en matière de langue française dans le contexte du commerce et des affaires. L’édiction du Règlement modifiant principalement le Règlement sur la langue du commerce et des affaires (le « Règlement modifié ») fait suite à la publication d’un projet de règlement en janvier 2024 (le « projet de règlement ») et à une période de consultation.

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The Funniest Moments Of The Supreme Court's Term

IP Law 360

In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

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How Reshaped Circuit Courts Are Faring At The High Court

IP Law 360

Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

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Québec’s Language Legislation: Release of Regulations Impacting Commercial Contracts and Trademarks

JD Supra Law

This post summarizes a newly published regulation (the “Amended Regulation”) amending the Québec Charter of the French Language (“Charter”) and the Regulation respecting the language of commerce and business in key areas such as commercial contract drafting and the use of English-language trademarks. The final version of the regulation has been revised in important ways since our post from January 2024 which provided a summary of the draft version of the regulation.

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High Court Flexes Muscle To Limit Administrative State

IP Law 360

The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

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FTC Supports Proposed PTO Rule Mandating Disclosure of Agreements Between Litigants in Disputes Before the Patent Trial and Appeal Board

JD Supra Law

Introduction - On June 18, 2024, the Federal Trade Commission (“FTC”) unanimously agreed to submit a comment supporting a recent proposed U.S. Patent and Trademark Office (“PTO”) rule that would mandate the disclosure of all settlement agreements made between parties appearing before the Patent Trial and Appeal Board (“PTAB”).

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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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Prince Estate's Managing Members Prevail In Spat With Family

IP Law 360

Delaware's Court of the Chancery on Friday held that some of Prince's family members ran afoul of an LLC agreement when they tried to oust two managing members of the late musician's estate and give themselves more control.

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Does using patents as loan collateral still create standing issues?

JD Supra Law

Traditionally, the Federal Circuit had been very strict that a plaintiff must own all the rights to a patent to have standing to bring a lawsuit. But in a few recent cases, the Federal Circuit has become more generous in its view that companies can still sue for patent infringement even if patents are used as loan collaterals or when a lender has an option to take over the patents in case of a default.

Patent 68
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The Sharpest Dissents From The Supreme Court Term

IP Law 360

The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

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Impact on IP Law in the Wake of US Supreme Court’s Decision

JD Supra Law

The US Supreme Court’s June 28, 2024 decision in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce overruled the forty-year-old Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. decision, one of the most-cited cases in US law. This development will have far-reaching impacts, and for intellectual property (IP) law specifically, it could significantly affect how the Court approaches US International Trade Commission (ITC) litigation.

Law 68
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Breaking Down The Vote: The High Court Term In Review

IP Law 360

The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

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Other Barks and Bites for Friday, July 5: Texas Judge Puts Temporary Halt to FTC Noncompete Ban; FTC to Launch Investigation into Teva Pharmaceuticals Over Junk Patent Listings; WIPO Report Shows China is the World Leader in Generative AI Patents

IP Watchdog

This week in Other Barks and Bites: a Texas court dealt the U.S. Federal Trade Commission (FTC) a blow when it issued a preliminary injunction against the agency's proposed ban on noncompete agreements; the company behind President Trump’s shoe line filed a lawsuit accusing counterfeiters of trademark and copyright infringement; the FTC is set to start an investigation into Teva Pharmaceuticals after it refused to remove junk patent listings; WIPO released a report on generative AI showing China

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[Video] 5 Key Takeaways | Rolling with the Legal Punches: Resetting Patent Strategy to Address Changes in the Law

JD Supra Law

Kilpatrick partners Tina McKeon, Michael Bertelson, and Michael Turton recently joined Laura Fritts (Vice President, Intellectual Property, Legal, Azurity Pharmaceuticals, Inc.) to present at the annual Kilpatrick Intellectual Property Seminar on the topic of “Rolling with the Legal Punches: Resetting Patent Strategy to Address Changes in the Law.” This panel discussed how changes in case law related to patentable subject matter (35 USC § 101), obviousness (35 USC § 103), or enablement and.

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WDTX Judge Sends Patent Case Against HP To Calif.

IP Law 360

A Texas federal judge ruled the Lone Star State is not the right place to litigate a suit accusing HP of infringing several patents on USB port technology, saying the case belongs in California federal court.

Patent 64
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Re-Considering the Right of Publicity in the World of Generative AI

JD Supra Law

Bette Midler. Vanna White. Marylin Monroe. Each of these women has undoubtedly shaped pop culture in some meaningful way. Perhaps what is lesser known is that litigation surrounding each of these women has shaped the legal world's understanding of an individual's right to publicity.

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Small cars, big trouble reloaded

The IPKat

Not too long ago, this Kat discussed here the German Supreme Court judgment DACHSER , confirming that model toys of real-life cars and buildings do not, in principle, infringe the word and figurative trade marks for the real-life products. Volkswagen tried to convince the courts of the opposite by enforcing a three-dimensional trade mark for its Bulli model and was successful before the Higher Regional Court of Hamburg.

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Judge Garnett “Rolls” Through and Grants Preliminary Injunction Against Sales of Accused Foam Roller Products

JD Supra Law

On June 14, 2024, Judge Margaret M. Garnett of the Southern District of New York granted a motion for a preliminary injunction in a declaratory judgment action filed by accused infringer PowX Inc., which barred the sales of PowX’s foam roller products used for muscle massages. In doing so, the court considered whether patent owner Performance Solutions, LLC had shown “(1) a reasonable likelihood of success on the merits; (2) irreparable harm if an injunction is not granted; (3) a balance of.

Patent 62
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Towards Equity: Evaluating the Need for Menopausal Leave Legislation in the Modern Workplace

IP and Legal Filings

INTRODUCTION In many countries, the participation of women in the workforce has increased rapidly in one or two generations, [i] and many women now remain in work (and increasingly full-time work) throughout their working lives. Contemporaneously, many countries are applying policies which require people to work at older ages. [ii] Consequently, an increasing number of women will be in paid work when they experience menopause, typically aged between 45–55 years (average age 51 years).

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At Least One Reason to Look Up: Celebrating 4th of July with Drone Light Shows

JD Supra Law

This 4th of July, look up and you might notice something spectacularly different lighting up the night sky. The days of stunning displays that relied solely on the crackle and pop of fireworks are numbered. In a remarkable twist of technology, drone light shows are offering a breathtaking alternative.

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GitHub, OpenAI Get Developers' Copyright Claim Tossed

IP Law 360

A California federal judge has trimmed software developers' suit claiming OpenAI and Microsoft's GitHub ripped off their source code to build artificial intelligence tools, axing their claim under the Digital Millennium Copyright Act, according to an order unsealed Friday.

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[Audio] The Briefing by the IP Law Blog: The Strength of a Trademark (Archive) Podcast

JD Supra Law

Trademarks perform a number of important functions. Scott Hervey discusses the spectrum of trademark strength in this episode of The Briefing.

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HBO Dodges Copyright Suit Over 'FBoy Island' Show, For Now

IP Law 360

A New York federal judge ruled that a young producer failed to sufficiently allege HBO's "Fake Famous" and "FBoy Island" shows ripped off his "Instafamous" reality show concept, but the flaws in the producer's copyright infringement allegations weren't so bad they couldn't be fixed.

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Historic fine for “sunday ticket” monopoly

Olartemoure Blog

On 27 June 2024, a jury ruled that the National Football League (NFL) engaged in anticompetitive practices by monopolizing the pricing of the “Sunday Ticket” package on DirecTV. As a result, the league must pay USD 4.7 billion to fans and USD 96 million to subscriber bars. The jury found that the NFL had created an unfair monopoly in the distribution of the broadcast of its Sunday afternoon games to an exclusive premium subscription service.

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Don't Defer To ITC On Domestic Industry, Fed. Circ. Told

IP Law 360

The U.S. Supreme Court's elimination of Chevron deference confirms that courts need not defer to the U.S. International Trade Commission's interpretation of the domestic industry requirement for patent cases, eyelash extension company Lashify has told the Federal Circuit.

Patent 59
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New law regulated for contacting consumers

Olartemoure Blog

On June 26, through External Circular 001, the Superintendence of Industry and Commerce (“SIC”) established its competence and regulated aspects of Law 2300 of 2023 , known as the “Dejen de Fregar” Law. The Circular states that the SIC will perform inspection, surveillance, and control functions regarding non-compliance related to: The processing of personal data by sources, users, or operators not supervised by the Financial Superintendence of Colombia.

Law 52
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Apple Says Masimo Can't Rely On LKQ In Design Patent Fight

IP Law 360

Apple Inc. has told a Delaware federal court that medical tech company Masimo Corp.'s attempt to use the Federal Circuit's latest holding on design patent jurisprudence in one of their multiple ongoing legal fights surrounding the Apple Watch "fails to address any … authority concerning any pending motion.

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FATF adds Venezuela and Monaco to “grey list”

Olartemoure Blog

The Financial Action Task Force (FATF), an intergovernmental body tasked with developing policies to tackle Money Laundering and the Financing of Terrorism , continues to identify jurisdictions with strategic deficiencies in their regimes against these crimes. On June 28, 2024, FATF added Venezuela and Monaco to its “Increased monitoring” or “Grey List,” aiming to strengthen their mechanisms to combat Money Laundering, terrorist financing, and the proliferation of weapons

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Ex-BigLaw Atty Settles Defamation Suit Against Influencer

IP Law 360

Former Greenberg Traurig LLP partner Allan A. Kassenoff has settled his $150 million defamation lawsuit against the social media influencer Kassenoff claims ruined his life by lying about his nightmarish divorce.

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Destroy!

Likelihood of Confusion

Originally posted 2009-11-09 18:10:40. Republished by Blog Post PromoterComputer security expert Ben Rothke on data destruction: In today’s litigious environment, there are a plethora of aggressive lawyers who would love to devour your organization for failure to take due care around document and media destruction. He makes that sound like a bad thing!

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DQ'd Atty Denied Bid To Have Netflix Atty Held In Contempt

IP Law 360

A California federal judge rejected a bid by a former Whitestone Law attorney to hold an attorney representing Netflix in a patent infringement case in contempt over harassment allegations, determining that the unwanted contact does not violate the order disqualifying his ex-firm.

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How to use generative artificial intelligence?

Olartemoure Blog

With the advent of generative artificial intelligence (GAI), the risk of plagiarism seems to be present in many fields, including the legal one. HOW DOES GENERATIVE ARTIFICIAL INTELLIGENCE WORK? Tools such as ChatGPT can produce text, video and images, but not out of nowhere. They are trained with massive databases of content, which is often copyrighted.