Fri.Sep 27, 2024

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Other Barks and Bites for Friday, September 27: FTC Appeals Ruling on Noncompete Ban; the TTAB Cancels Four DC and Marvel SUPER HERO Trademarks; OpenAI Agrees to Share Training Data with Authors Suing for Copyright Infringement

IP Watchdog

This week in Other Barks & Bites: the Federal Trade Commission (FTC) appeals a Florida court’s ruling on its proposed ban on noncompete agreements; two Nobel Prize winners ask to cancel their groundbreaking CRISPR patent to avoid a potential legal cancellation of the patent; and the Trademark Trial and Appeal Board (TTAB) invalidates four superhero trademarks owned by comic giants DC and Marvel.

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Amazon Hit With $30.5M Verdict In Delaware Patent Trial

IP Law 360

A Delaware federal jury decided Friday that Amazon Web Services infringed two computer network patents that were once owned by Boeing, and told the tech giant to pay $30.5 million in damages.

Patent 98
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Biden-Harris Administration Delivering on Promise to Connect Everyone in America to Reliable High-Speed Internet Service

U.S. Department of Commerce

The Biden-Harris Administration’s Internet for All initiative is delivering on its promise to connect everyone in America to affordable, reliable high-speed Internet service by 2030. Since the President took office, more than 2.4 million previously unserved homes and small businesses have been connected to high-speed Internet service. President Biden and Vice President Harris are investing $90 billion to close the digital divide, and NTIA is administering nearly $50 billion across multiple gra

Business 129
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IBM Owes $19.5M In EDTX Trial Over 'Blockchain' Software

IP Law 360

A Texas federal jury told IBM on Friday that its blockchain software infringes two patents by a small tech developer and that it owes $19.5 million, far less than the $167 million the developer asked for.

Patent 98
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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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Will Piracy Kill Football in Italy? Not if Football Damages the Internet First

TorrentFreak

Despite warnings from internet experts, the government passed a law in 2023 aimed at combating illegal IPTV services. However, the legislation has failed to achieve its intended outcomes. What followed wasn’t a meeting of minds with all stakeholders involved, but a steely determination to make the system work for the rightsholders. For a framework that had measures in place to punish internet companies for failing to block, but nothing in place to punish rightsholders for blocking innocent

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Claim Amendments Must Adhere to the Scope of Last Amended Claims, Clarifies the Controller

SpicyIP

In an important order concerning claim amendments, the Controller has recently ruled that any new amendments to the claims cannot exceed the scope of the lastly amended claims. The decision was passed by Dr. S. P. Subramaniyan and concerned the patent application number 9790/ CHENP/ 2011 filed by M/s. Nippon Shinyaku Co. Ltd. Here, the applicant originally filed 11 claims, with claims 1-3 related to crystal forms I, II, and III; claims 4-8 related to composition/product; and claims 9-11 related

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Check your Patent Term Adjustments (PTA): What you Need to Know about the USPTO Error

Patently-O

by Dennis Crouch The United States Patent and Trademark Office (USPTO) has disclosed a significant error in its patent term adjustment (PTA) calculations, potentially affecting patents issued between March 19, 2024, and July 30, 2024. The USPTO discovered a coding error introduced in a recent software update. This error specifically affected two aspects of the PTA calculation: 1.

Patent 81
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From AI Doomers to E/Accs: How SB 1047 and the 38 AI Laws in California Are Shaping Future AI Law

JD Supra Law

California’s Safe and Secure Innovation for Frontier Artificial Intelligence Models Act is one of the first significant regulations of artificial intelligence in the United States that, if signed, would place liability on the developers of AI models. Before a company can begin to initially train a covered model, the bill would require AI developers to publicly post disclosures about how the company will test the likelihood of the model to cause critical harm and the conditions under which the.

Law 77
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MIC Coalition Letter to @CopyrightOffice about @GMRO_PRO

The Trichordist

The MIC Coalition resurfaces, now with additional hatred of the free market.

Marketing 104
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Navigating the Dynamic M&A Landscape in the Sports Apparel Industry

JD Supra Law

The mergers and acquisitions (M&A) landscape in the sports industry has remained notably active and attractive to investors, driven by continuous digital transformation and global franchise investments. Since 1985, the sports industry has recorded 5,724 M&A transactions, amounting to $1.7 trillion, highlighting a sustained growth trajectory.

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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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CAFC Affirms Dismissal of APA, FTCA Claims in Patent Case

IP Watchdog

On Wednesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued an opinion affirming a district court’s decision to grant the U.S. Patent and Trademark Office’s (USPTO) motion to dismiss for failure to state a claim in a contested patent case. Appellant/Plaintiff Eula Winfrey had initiated the claim in the U.S. District Court for the Middle District of Georgia, seeking “relief for the issue of two pillaged patents” as well as damages from the USPTO.

Patent 59
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Novartis Pharma AG v. Regeneron Pharmaceuticals, Inc. (Fed. Cir. 2024)

JD Supra Law

Ever since the Supreme Court's decision in Dickinson v. Zurko, federal courts (including the Federal Circuit) are compelled under the Administrative Procedures Act to review factual determinations by the U.S. Patent and Trademark Office under a substantial evidence standard. The consequences of this standard are illustrated (once again) in the Federal Circuit affirming.

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Renner Otto is Seeking a Trademark Attorney

IP Watchdog

Renner Otto, a growing intellectual property (IP) law firm located in Cleveland’s Playhouse Square, is looking for a Trademark Associate. Renner Otto is committed to providing a world-class work environment with very competitive compensation for outstanding work. Compensation is commensurate with experience and may include salary or percentage of billings in addition to comprehensive benefits, including health, dental, life, 401(k) and many other excellent benefits.

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[Video] The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts

JD Supra Law

The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of The Briefing.

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Nixon Peabody Bolsters IP Team With Deputy Chief, Laterals

IP Law 360

Nixon Peabody LLP has bolstered its intellectual property practice with the appointment of a deputy leader and two recent hires, continuing the firm's investments in that team.

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[Audio] (Podcast) The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts

JD Supra Law

The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of The Briefing.

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FCC Chief Quotes Taylor Swift In Tough Stance On Deepfakes

IP Law 360

Federal Communications Commission chairwoman Jessica Rosenworcel vowed during a speech Friday to take a strong position on enforcing the Telephone Consumer Protection Act against AI-generated robocalls and noted the FCC is considering new AI election-related disclosure regulations, quoting pop singer Taylor Swift who said, "The simplest way to combat misinformation is with the truth.

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In a Single Day, California Enacts Five Bills Tackling Digital Replicas and Deepfakes

JD Supra Law

Last week, over the course of a single day, California Governor Gavin Newsom made headlines by signing into law five new bills tackling complex issues involving digital replicas and deepfakes. Two of the bills are aimed at “digital replicas,” and the other three address concerns about deepfakes relating to elections.

Law 70
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Western Digital Wants $262M Patent Verdict Thrown Out

IP Law 360

Western Digital has asked a California federal court to either toss a jury's $262 million verdict against it and rule that the hard drive maker did not infringe any MR Technologies patents, or order a new trial in the dispute over technology that increases storage capacity of disk drives.

Patent 52
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Navigating University Technology Licensing for Startups: Key Considerations

JD Supra Law

Starting a company by licensing technology from a university is a complex process with unique challenges and opportunities. Here are the most critical points for founders to consider when navigating university technology licensing.

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Kappos' Bayh-Dole Warning To Clients Draws Debate

IP Law 360

An advocate for lowering drug prices squared off Friday against a former U.S. Patent and Trademark Office director about the potential risk of accepting government funds to develop drugs, as part of a discussion at New York University School of Law.

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The OQLF’s new guidelines: practical resources for trademarks on products

JD Supra Law

On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation) was published in the Gazette officielle du Québec. Since then, the Office québécois de la langue française (OQLF) has published on its website a guide – currently available only in French – on the new rules for trademarks appearing on products.

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Fla. Timeshare Biz Wins $1.3M Fee Award In False Ad Suit

IP Law 360

A Florida federal judge has awarded more than $1.3 million in attorney fees to a timeshare company that prevailed in a lawsuit against a Wyoming company over a false advertising scheme encouraging customers to stop paying for their properties, after agreeing the marketers pursued an "exceptionally weak case" that would not succeed.

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Patent damages for sales abroad - potential expansion of the law

JD Supra Law

American patent law is evolving to allow damages for foreign sales of infringing products. Both American companies making sales abroad and foreign companies with exposure to American supply chains should take note. Previous strategies to potentially escape the reach of the U.S. patent laws may no longer be useful. This uncertainty may be worthy of additional legal scrutiny.

Law 68
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7th Circ. Doubts Artist Proved French Montana Copied Work

IP Law 360

Two Seventh Circuit judges seemed unsure Friday that they saw enough evidence of copying to reverse rapper French Montana's summary judgment win over claims that he infringed a California producer's sound recording copyright to make his song "Ain't Worried About Nothin'.

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Federal Circuit Patent Watch: The Party Presentation Rule: Parties Map the Course of Litigation, Not Judges

JD Supra Law

Precedential and Key Federal Circuit Opinions - 1. ASTELLAS PHARMA v. SANDOZ INC. [OPINION] (2023-2032, 2023-2063, 2023-2089, 9/18/24) (Lourie, Prost, Reyna) - Lourie, J. The Court vacated and remanded the district court’s finding that the asserted claims are invalid under 35 U.S.C. § 101 as directed to an ineligible natural law. Because no party had raised an invalidity challenge under § 101, the Court found the district court abused its discretion by disregarding the principle of party.

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No joke

Likelihood of Confusion

Originally posted 2009-08-27 17:38:37. Republished by Blog Post PromoterNoel Sheppard (via Insty) smells a rat: [T]he photo sharing website Flickr removed the Obama Joker picture that was later transformed into posters showing up in cities around the country. At the time, Flickr claimed it had acted on advice of counsel due to legal issues involving copyright […] The post No joke appeared first on LIKELIHOOD OF CONFUSION™.

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Trademark Scams Alert: Recognizing and Responding to Evolving Threats

JD Supra Law

Trademark scams are on the rise, again. In the five years since we initially published this advisory, scammers have honed their tactics, using advanced technology to distribute misleading solicitations and invoices related to trademarks. Many clients report receiving a steady stream of these deceptive communications.

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NC Biz Court Trims Pot Farm Fight With 'Amazon Of Hemp'

IP Law 360

An online hemp retailer has narrowed a North Carolina farm's lawsuit alleging the retailer doctored its THC reports before listing the farm's products for sale online, with a state Business Court judge finding they aren't competitors and the farm otherwise failed to show the retailer tried to pass off the hemp producer's products as its own.

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Court Rules Federal Trade Secrets Law Applies To Conduct And Sales Outside The U.S.

JD Supra Law

On July 2, 2024, in Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd., 108 F.4th 458 (7th Cir. 2024), the U.S. Court of Appeals for the Seventh Circuit held as a matter of first impression at the appellate level that the Defend Trade Secrets Act (DTSA) has extraterritorial reach, and therefore a trade secret owner can.

Law 62
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Sen. Says Contractors Trying To Block DOD 'Right-To-Repair'

IP Law 360

Sen. Elizabeth Warren, D-Mass., has chided defense contractors for seeking to "sabotage" efforts to require them to cough up parts and data allowing the U.S. Department of Defense to repair its own equipment, while urging the DOD to take action on related restrictions.

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You Didn’t Quite Capture It – Judge Gardephe Rejects Several Allegations of Patent Infringement

JD Supra Law

On September 10, 2024, District Judge Paul G. Gardephe (S.D.N.Y.) granted in part Defendant Adobe, Inc.’s motion to dismiss for failing to plead “facts sufficient to establish infringement.”.

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Super Babies Cancel DC Comics, Marvel's 'Super Hero' TM

IP Law 360

The U.S. Patent and Trademark Office has canceled DC Comics and Marvel Characters Inc.'s jointly owned trademarks for "super hero" and variations of the term after a U.K.-based business that creates stories of super hero babies argued the term is generic and has been abandoned by DC Comics and Marvel.

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Protecting the Product: Furniture

JD Supra Law

In the world of furniture design, aesthetics often play as crucial a role as functionality since the unique appearance of a furniture piece can set it apart in a competitive marketplace and help establish a brand’s identity. Fortunately, design patents are uniquely suited to protect the visual innovation embedded in furniture designs, and can help to safeguard company investment in the creation of unique offerings.

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Off The Bench: College Sports Dominates Legal Landscape

IP Law 360

In this week's Off The Bench, the NCAA and the athletes in the big name, image and likeness settlement try to redo the terms to satisfy the overseeing judge, Reggie Bush says his image has been exploited by his alma mater and the NCAA for years, and the Pac-12 claims that it's being strong-armed by a rival conference for coaxing away its teams.