Wed.May 10, 2023

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3 Count: Scream and Yout

Plagiarism Today

RIAA responds to Yout's appeal, court orders Grande to hand over subscriber data and NC schools get a new logo after copyright battle. The post 3 Count: Scream and Yout appeared first on Plagiarism Today.

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The Bright Side of a Trademark Registration

Erik K Pelton

Inspired by the 50th Anniversary of Pink Floyd’s album Dark Side of the Moon and its iconic cover, Erik reflects on how the trademark registration process is much like a prism. The post The Bright Side of a Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Inspired by the 50th Anniversary of Pink Floyd’s album Dark Side of the Moon and its iconic cover, Erik reflects on how the trademark registration process is much like a prism.

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India’s Poster Plagiarism Controversy

Plagiarism Today

A movie poster for an upcoming Indian film has sparked controversy as many feel it's too close a design used by Argo. The post India’s Poster Plagiarism Controversy appeared first on Plagiarism Today.

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Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day!

SpicyIP

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. While there has been a recent rising trend of such orders from the court (see here , here , here , here and here ) wherein the IP Offices’ orders were remanded back for being cryptic, unclear on the grounds of objecti

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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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Bungie Wins $16.2m, Destiny 2 Cheat Dev Violated DMCA, RICO, CFAA

TorrentFreak

Bungie’s relentless pursuit of cheat developers, sellers, and resellers was probably crafted to send a deterrent message. After another judgment and multi-million dollar damages award was handed down this week, any cheat developers still operating may consider other companies’ games less of a risk. For those still unconvinced, a judgment handed down Tuesday may be persuasive.

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IP Implications Of USDA Research Collaborations

JD Supra Law

Many stakeholders in the AgTech industry are interested in collaborating with or obtaining funding from the United States Department of Agriculture (USDA), but are unsure what implications such collaborations may have on their intellectual property (IP) obligations, opportunities, and strategy.

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How Should Litigators Establish Evidence in Trade Secret Cases? Part Three: Evidentiary Concerns

JD Supra Law

Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case, they must first collect that evidence.

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CAFC Reverses PTAB Decision that Invalidated Sanofi Injector Pen Patent

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision Tuesday that reversed a Patent Trial and Appeal Board (PTAB) decision invalidating claims of Sanofi’s U.S. Patent No. RE47,614, which covers a drug delivery device. Mylan Pharmaceuticals petitioned the PTAB for inter partes review (IPR) of all 18 claims in Sanofi’s drug injector pen patent.

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IP Considerations for Naming Clinical Trials

JD Supra Law

With hundreds of thousands of clinical trials being conducted worldwide on an annual basis, creating a unique name for a new trial can prove almost impossible. When even a brief internet search can return multiple trials sharing the same name, it can be tempting to follow suit and settle on a name regardless of overlap. But there might be confusion when clinical trials share similar names — in the worst-case scenario, it places the sponsor at risk for trademark infringement and/or violations of.

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European Inventor Award Finalists Focus on Sustainability

IP Watchdog

On Tuesday, the European Patent Office (EPO) announced the 12 inventors and inventor teams that have been selected as finalists for the 2023 European Inventor Award. The EPO placed three finalists each into four groups: Industry, Research, SMEs, and Non-EPO Countries. Members of the public can vote for the winner on the EPO’s website. The finalists hail from 12 countries, Australia, Austria, Belgium, China, Finland, France, Germany, Iceland, India, Ireland, Italy, and the United States.

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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 Legal Landscape Of AI: The Role Of A Software Licensing Attorney

JD Supra Law

Working with a software licensing attorney can help developers navigate the intellectual property and other legal issues when using artificial intelligence to build software. Every day, artificial intelligence (AI) plays a more significant role in our day-to-day work.

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The ‘Proposed Proposals’: USPTO Reiterates Nothing’s Set in Stone Yet on ANPRM

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal, Vice Chief Administrative Patent Judge (APJ) Michael Tierney of the Patent Trial and Appeal Board (PTAB) and Lead APJ Amber Hagy presented a webinar Tuesday on the Office’s Advance Notice of Proposed Rulemaking (ANPRM) on PTAB practices, walking attendees through some of the key proposals, and repeatedly reassuring stakeholders that the ANPRM does not contain any proposed rules.

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Foreign Filing Licenses – An Overlooked Pitfall of Last Minute Patent Filings

JD Supra Law

Patent applications are often filed at the last minute. Priority considerations force the application to be filed expeditiously to avoid statutory bars or catastrophic public disclosure issues. But filing too quickly—or in the wrong country—may cause the eventual patent to be invalid for failure to obtain a foreign filing license.

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TI Wants $100M From MGA In OMG IP Trial, Jurors Told

IP Law 360

Rapper T.I. is seeking $100 million from toy company MGA Entertainment over a popular line of dolls that allegedly copied the name and look of a pop group he oversaw, a California federal jury heard Wednesday, in a dispute that restarted following a mistrial that also included an attorney being accused of racism.

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A U.S. View on the UPC – Part 1: The Basic Case Structure of an Infringement Action

JD Supra Law

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. practitioners trying to familiarize themselves with the basic features of the UPC – aims to provide a high level view on the key aspects of the UPC system, compare them to patent litigation in the U.S., and consider their implications on U.S.

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Meta Gets Default Win In Phishing Suit Against Nigerian Duo

IP Law 360

A California federal judge approved and adopted a recommendation by a magistrate judge to grant a default win to Meta Platforms Inc. and digital banking company Chime Financial Inc. in their suit accusing two Nigerian residents of tricking people into giving up their usernames and passwords to steal money from their online accounts.

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How Technology Licensing Lawyers Help Unleash AI

JD Supra Law

Inventors may hire a technology licensing lawyer to protect their creations, but can artificial intelligence (AI) create legally protectable technology? The answer depends on several things, including how a company incorporates AI into the creative process and what laws govern the jurisdiction of the company’s location.

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Fed. Circ. Won't Rethink Axed $308.5M Verdict Against Apple

IP Law 360

The Federal Circuit on Wednesday rebuffed a patent owner's bid for a rehearing en banc after a panel found that a more than $308 million infringement verdict against Apple should be dismissed over delays at the U.S. Patent and Trademark Office that rendered the patent unenforceable.

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The New Era of Generative AI and Marketing

Likelihood of Confusion

It’s going to be a very interesting landscape when the dust settles in the world of generative artificial intelligence through the proliferation of ChatGPT and beyond. Who owns the intellectual. The post The New Era of Generative AI and Marketing appeared first on LIKELIHOOD OF CONFUSION™.

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Comments on USPTO Proposed Fee Changes

Patently-O

The USPTO has proposed a major set of patent fee revisions. One purpose of the new fees is to raise revenue. It is also clear that the proposal is designed to shift patent applicant behavior along certain fronts. You can read more at the following links. Note, that the PPAC will be holding a public hearing Thursday, May 18, 2023, from 1-3 p.m. ET. 88 FR 24392 – Notice of Public Hearing – PPAC Letter from the Director to PPAC Table of Proposed Patent Fee Adjustments Table of Patent F

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Samsung Gets 2 Netlist Memory Patents Taken Out At PTAB

IP Law 360

The Patent Trial and Appeal Board has invalidated the entirety of two Netlist Inc. memory module patents challenged by Samsung, which are tied to litigation in Delaware.

Patent 75
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Federal Trademark Decision Impacts Cannabis Industry

JD Supra Law

On May 3, 2023, the federal Trademark Trial and Appeal Board (the “TTAB”)—the entity responsible for handling disputes over the issuance of trademarks on a nationwide level—issued a precedential opinion in In re National Concessions Group, Inc. that has significant implications for cannabis companies seeking federal trademark protection.

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Fed. Circ. Says PTAB Hasn't 'Done Its Job,' Revives App

IP Law 360

The Federal Circuit on Wednesday gave Universal Electronics Inc. a second chance to win a switching device patent, saying the Patent Trial and Appeal Board didn't do its job by conducting a full analysis when upholding an examiner's rejection.

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Agreement on Royalty Sharing Signed between ISRA and Music Labels!

SpicyIP

Image from here [ This post has been authored by SpicyIP Intern Surmayi Khatana. Surmayi is a second year student pursuing LL.B from Government Law College, Mumbai. ] On April 25, 2023, it was reported that the Indian Music Industry (IMI) and the Indian Singers Rights Association (ISRA) have entered into an agreement whereby the member singers of the ISRA, have been promised royalties for their works.

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Lloyds Bank Hits Back At Form Software IP Suit

IP Law 360

Lloyds Bank has hit back at a business software developer's copyright infringement suit, arguing that putting PDF forms created by the developer up on its website did not violate intellectual property protections.

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USPTO Sets Patent Fee Increases

JD Supra Law

Recently, the U.S. Patent and Trademark Office announced that they have completed a comprehensive patent fee review, concluding that fees must go up—some of them significantly. This is primarily due to the discounts provided under the Unleashing American Innovators Act for micro and small entities, as well as general inflation in the U.S. economy.

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Judge Newman vs. Chief Judge Moore

Patently-O

I have often written about situations where Judge Pauline Newman’s position is opposed to those taken by other judges on the Federal Circuit. But today we go a step further, by actually filing a lawsuit: Newman v. Moore. The defendant is Chief Judge Kimberly Moore along with Judge Sharon Prost, Judge Richard Taranto, and the Judicial Council of the Federal Circuit.

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McCarter & English Adds 2 Ex-Ellenoff Grossman IP Partners

IP Law 360

McCarter & English LLP on Wednesday announced the addition of two intellectual property partners from Ellenoff Grossman & Schole LLP — where one of them was the firm's IP practice group head — to its Philadelphia and Newark, New Jersey, offices.

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Can You Register a Copyright on a Work that Contains Material Generated by Artificial Intelligence?

LexBlog IP

Suppose you have expressed your work in a tangible form, but it contains material generated by artificial intelligence (AI). Although your copyright exists at the moment of creation, does the work contain enough human authorship on which to base a claim for copyright registration? Should you register the copyright on the work with the U.S. Copyright Office?

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Court Allows Appeals In Heated-Tobacco Patent Battle

IP Law 360

The High Court allowed tobacco giants Philip Morris and British American Tobacco on Wednesday to appeal an April judgment that ruled two Philip Morris patents protecting heated tobacco technology were valid but also that a BAT subsidiary's Glo products did not infringe them.

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Stipulated Dismissal Undercuts Bid for Attorneys’ Fees

JD Supra Law

UNITED CANNABIS CORPORATION V. PURE HEMP COLLECTIVE INC. Before Lourie, Cunningham, and Stark. Appeal from the United States District Court for the District of Colorado. Summary: The Federal Circuit affirmed the district court’s refusal to award attorneys’ fees based on alleged inequitable conduct where the party seeking fees had stipulated to the dismissal of its inequitable-conduct counterclaim.

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Campaigning through trademarks

Likelihood of Confusion

TradeMark Express runs down the latest in the horse race among the presidential candidates (and, it seems, those who want to profit somehow from their names) in the trademark registration. The post Campaigning through trademarks appeared first on LIKELIHOOD OF CONFUSION™.

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CCC Wins Five More Top Workplaces Cultural Excellence Awards

Velocity of Content

CCC has earned five 2023 Top Workplaces Culture Excellence Awards for Compensation & Benefits, Innovation, Leadership, Purpose & Values, and Work-Life Flexibility. Issued by Energage , the research company with more than 17 years of experience surveying over 27 million employees at 70,000 organizations, the Top Workplaces Culture Excellence Awards celebrate companies that excel in specific areas of workplace culture and are based solely on employee feedback.

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Collision course: how to navigate IP and marketing clashes

Managing IP

In-house counsel at Western Digital, HP and two other brands in India discuss how to resolve IP conflicts between legal and marketing teams

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Masimo Calls Axing Of Biz Trade Secrets 'Manifest Injustice'

IP Law 360

Masimo urged a California federal judge to "remedy this manifest injustice" over the axing of its business trade secrets in its battle over the Apple Watch's health features, arguing the judge simplified the trade secret descriptions to conclude they were generally known without addressing evidence that showed otherwise.