Tue.Aug 29, 2023

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Appeals Court Rules Against Mandatory Deposit

Plagiarism Today

An appeals court has ruled the way the US Copyright Office handles the deposit requirement is unconstitutional. Here's what that means. The post Appeals Court Rules Against Mandatory Deposit appeared first on Plagiarism Today.

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AI-Generated Works Cannot Be Copyrighted Because They Lack Human Authorship

JD Supra Law

One of the hot-button issues that generative artificial intelligence (AI) has raised is whether works created by AI engines are copyrightable. In one of the first decisions on this issue, the D.C. District Court recently found that works created solely by AI engines are not eligible for copyright protection.

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3 Count: Future Victory

Plagiarism Today

Rapper Future wins When I Think About It case, US Copyright Office declines to review Mechanical royalties and more! The post 3 Count: Future Victory appeared first on Plagiarism Today.

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Premier League Declares War on IPTV Piracy From Behind a Paywall

TorrentFreak

The recent release of The Pirates vs The Premier League podcast series was a great opportunity to hear fresh voices and opinions on the Premier League’s piracy problems. The Premier League has had piracy issues since its inception, although fundamentally no different to those endured by its broadcasting partners years before the Premier League even existed.

Business 109
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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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TTAB Says Character In Video Game Fails To Function As TM

IP Law 360

Federal trademark officials have backed a decision denying a video game developer's bid to register a mark on an image associated with a computer game, saying identifying just a character isn't protected.

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The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules

SpicyIP

Image from here On August 23, the Draft Patent (Amendment) Rules, 2023 , were published in the Gazette of India, inviting public comments by September 22. Since then, the Rules have been extensively discussed within the IP community, especially the potential impact they may have on the patent opposition mechanism. While we are working on a separate post, with comments on the different aspects of these suggested amendments, we are pleased to bring to you a post on the proposed changes to the pres

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Trademarks vs. Generic Terms: Can Generic Terms be Trademarked?

IP and Legal Filings

INTRODUCTION Picture a vibrant city where the streets are alive with the sounds of commerce, and each establishment boasts a name plucked from our ‘everyday conversations’. Imagine a place where a tea stall named “Chai Chai Chronicles” warmly invites you to enjoy a cup of tea. Now, while the name sounds quite common for a tea stall, it lacks distinctiveness.

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Movie Copyright Cases Filmmakers Should Know: Part 2, Movie Fair Use Cases

Copyright Alliance

In the previous iteration of this blog (Part 1), we presented several movie copyright cases addressing the issues of copyright infringement and copyrightability. In this post, we look at TV […] The post Movie Copyright Cases Filmmakers Should Know: Part 2, Movie Fair Use Cases appeared first on Copyright Alliance.

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AI Issues Spur US Copyright Office To Seek Public Comment

IP Law 360

The U.S. Copyright Office is seeking public feedback on using copyrighted works to train artificial intelligence, whether and how that use should be disclosed, and other timely copyright issues related to AI to help determine if "legislative or regulatory steps in this area are warranted.

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Commerce’s NOAA Releases New Monthly Tool to Predict High-Tide Flooding

U.S. Department of Commerce

Commerce’s NOAA Releases New Monthly Tool to Predict High-Tide Flooding August 29, 2023 KCPullen@doc.gov Tue, 08/29/2023 - 09:04 Weather and satellites As high tide flooding continues to break records, the Commerce Department’s National Oceanic and Atmospheric Administration (NOAA) released a new monthly tool to predict high tide flooding. The new high tide flooding outlook will help coastal communities better understand when and where high tide flooding may occur and the likelihood of high tide

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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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UPSTO, Car Cos., Profs Tell Fed. Circ. About Design Patents

IP Law 360

Lawyers for the U.S. Patent and Trademark Office, Taiwanese auto parts makers and major insurance trade groups are among those that have weighed in at the Federal Circuit on a legal campaign coming from a rival of General Motors that aims to change how courts make decisions about design patents.

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Release of Statistical Report 2022/2023 for PMNOC Regulations, Data protection and CSPs

JD Supra Law

On June 23, 2023, the Office of Patented Medicines and Liaison of Health Canada released its Statistical Report 2022/2023 Patented Medicines (Notice of Compliance) Regulations, Data Protection (C.08.004.1 of the Food and Drug Regulations), and Certificates of Supplementary Protection (fiscal year ending March 31, 2023). Similar to previous such reports, the report includes information for….

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DC Circ. Hands Indie Publisher Win In Copyright Office Fight

IP Law 360

The D.C. Circuit ruled Tuesday that the U.S. Copyright Office's demand that a niche publisher of gothic literature submit physical copies of new publications to the Library of Congress or risk thousands of dollars in fines amounted to an unconstitutional taking of the publisher's property.

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Patent Case Summaries - August 2023 #2

JD Supra Law

Incept LLC v. Palette Life Sciences, Inc., Nos. 2021-2063, -2065 (Fed. Cir. (PTAB) Aug. 16, 2023). Opinion by Schall, joined by Taranto. Opinion concurring in part and dissenting in part by Newman. Incept owns two patents related to improved methods for treating cancer by radiation. Palette filed IPR petitions asserting that the claims are unpatentable as anticipated by, or obvious in view of, the prior art, including the “Wallace” patent.

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OnlyFans Consulting Firm Must Face Pa. Trade Secrets Suit

IP Law 360

An Arizona-based consultant for OnlyFans models and three employees she allegedly poached from a rival must face a trade secrets suit in Pennsylvania, after a federal judge concluded the court has jurisdiction over the case and the plaintiffs have sufficiently pled claims that confidential information was stolen.

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Taylor v. Hunton Andrews Kurth LLP: A Cautionary Tale for Inventors and Startups

Patently-O

The Harris County Texas appellate court recently affirmed summary judgment favoring the Hunton Andrews Kurth law firm and its attorneys. Taylor v. Hunton Andrews Kurth, LLP , 14-22-00410-CV (Tex. App.–Hous. [14th Dist.] July 13, 2023). Taylor and his companies WPEM and W2W had sued the firm for legal malpractice after first losing its infringement lawsuit and being stuck with the defendants attorney fees.

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Online Retailers Handed Default Loss In 'Lucky 13' TM Suit

IP Law 360

The owner of the "Lucky 13" clothing brand has been given a default win against hundreds of counterfeiters by the Illinois federal judge it previously tried to drop because of bond surety concerns.

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Latest Federal Court Cases - August 2023 #3

JD Supra Law

Volvo Penta of the Americas, LLC v. Brunswick Corp., Appeal No. 2022-1765 (Fed. Cir. Aug. 24, 2023) In its only precedential patent case of the week, the Federal Circuit held the Patent Trial and Appeal Board erred in finding a boat propeller system patent invalid as obvious. The Federal Circuit’s decision is an unusual opinion that found error in the PTAB’s consideration of objective indicia in the obviousness analysis.

Patent 62
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A Deep Dive Into Law360 Pulse's Women In Law Report

IP Law 360

The legal industry experienced incremental gains for female lawyers in private practice in the U.S., according to Law360 Pulse's Women in Law Report, with women now representing half of all associates.

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Keeping Pace With IP Law as it Evolves on Generative AI

JD Supra Law

Generative artificial intelligence (AI) is an innovative new technology that is being rapidly developed for integration into a wide variety of products.

Law 68
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Less than Half of Intel’s Sales Yet Eight Times its Market Value, Nividia Leads by Ruling A.I.

IP Close Up

Just a few years ago the chip industry was structured around a handful of players who moved in lockstep with each other.

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Free Speech Challenges to the Inflation Reduction Act

43(B)log

With Sean Tu, at JAMA. Given how short the piece had to be, we had to cut out some other examples, but the claim is still a good example of the metastasizing First Amendment.

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Winners of 1980s and Shadow Art Competitions

Art Law Journal

Explore the art of contrasting worlds. Dive into the nostalgia and complexities of the 1980s, and discover the subtle power of shadow in art through their respective Open Calls.

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What is an ‘earnout’ clause in a business acquisition?

LexBlog IP

The term ‘earnout arrangement’ (Earnout) has been defined by the Australian Taxation Office (ATO) as “any transaction in which an income-earning asset is sold for consideration that includes the creation of an ‘earnout right’ (Earnout Right) for the seller of the asset, according to TR 2007/D10. An Earnout Right is further defined as: “a [.

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Talking the talk

Likelihood of Confusion

The Android talk, that is. Tech News World asked me a couple of days ago about whether it wasn’t pretty unusual to see parties to litigation — in this case, the. The post Talking the talk appeared first on LIKELIHOOD OF CONFUSION™.

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Capital Raise Event Series at Atlanta Tech Village

LexBlog IP

Capital Raise Event Series at Atlanta Tech Village by Founders Legal September 2023 Capital Raise Event Series @ ATL Tech Village Founders Legal is excited to announce our Capital Raise Series , a three-part event aimed at guiding startups and entrepreneurs through the complexities of raising capital. Hosted by attorneys David H. Pierce and Jeffrey A.

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Pfizer/BioNTech Take COVID Vaccine Fight with Moderna to PTAB

IP Watchdog

Pfizer, Inc. and BioNTech SE on Monday hit back at competitor COVID-19 vaccine maker Moderna with inter partes review (IPR) petitions against two Moderna patents on mRNA vaccine technology at the Patent Trial and Appeal Board (PTAB). Pfizer/ BioNTech told the PTAB that Moderna’s patents include “unimaginably broad claims directed to a basic idea” and asked the Board to cancel all of the challenged claims of both patents.

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The Corporate Transparency Act (Part 4): Beneficial Owners and Company Applicants Defined under the CTA

LexBlog IP

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “ CTA ”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to report information about their owners, management and the individuals who helped create the entities to the U.S.

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A Comment on In re Cellect: The Patent Bar Must Push for Eliminating ODP Altogether, Not Interpreting it More Favorably

IP Watchdog

In an IPWatchDog post of September 6, 2022, Anthony Prosser and I traced the history of the doctrine of “Non-Statutory Judicially Created Obviousness-Type Double Patenting” (ODP). We confirmed (as its name indicates) that no Congressional statute has ever codified this doctrine. It is ultra vires because Congress has the sole right to create patent law.

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The Corporate Transparency Act (Part 3): Reporting Requirements

LexBlog IP

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “ CTA ”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to report information about their owners, management and the individuals who helped create the entities to the U.S.

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Constangy, Brooks, Smith & Prophete, LLP

JD Supra Law

In 2014, a Jimmy John’s employee leaked a copy of a noncompete agreement that the Sandwich of Sandwiches™ chain required employees at all levels (including store-level employees, such as sandwich makers and delivery drivers) to sign.

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The Corporate Transparency Act (Part 2): Exemptions from the Reporting Requirements

LexBlog IP

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “ CTA ”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to report information about their owners, management and the individuals who helped create the entities to the U.S.

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District Court Confirms ‘Human Authorship’ Requirement, Sets Copyright Boundary for AI-Generated Works

JD Supra Law

On August 18, 2023, Judge Beryl A. Howell of the US District Court for the District of Columbia issued a first-of-its-kind federal court decision in Thaler v. Perlmutter, et al., agreeing with the US Copyright Office that works generated entirely by artificial intelligence are not copyrightable for lack of human authorship. The court rejected the plaintiff’s argument that copyright’s adaptability to new technologies is expansive enough to contemplate AI authorship.

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The Corporate Transparency Act (Part 1): An Overview

LexBlog IP

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “ CTA ”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to report information about their owners, management and the individuals who helped create the entities to the U.S.

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CCC President and CEO Named to Prestigious Forbes List of Innovators Changing the World

Velocity of Content

In a recent press release , CCC announced that its President and CEO, Tracey Armstrong, was named to the prestigious Forbes “50 Over 50” list which highlights powerful founders, innovators, and creators that have a deep sphere of influence and are changing the world. The list was divided into four categories – innovation, impact, investment, and lifestyle.