Thu.Jun 13, 2024

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3 Count: Don’t Ride It

Plagiarism Today

OpenAI and Microsoft seek dismissal of AI lawsuit, a lawsuit filed over DJ Regard's Ride It, and YouTube escalates war against ad blockers. The post 3 Count: Don’t Ride It appeared first on Plagiarism Today.

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Google, Cloudflare & Cisco Will Poison DNS to Stop Piracy Block Circumvention

TorrentFreak

In France, where laws were introduced with site-blocking and similar anti-piracy measures already baked in, entertainment giant Canal+ seems intent on taking full advantage. Like similar broadcasters with lucrative sports rights to exploit, Canal+ has a subset of viewers who prefer to consume from pirate sources which charge much less, or even nothing at all.

Law 145
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Plagiarism in Pop Culture: Beyond Paradise

Plagiarism Today

Beyond Paradise is a spinoff of the popular UK TV series Death in Paradise. How does this cozy mystery tackle plagiarism? The post Plagiarism in Pop Culture: Beyond Paradise appeared first on Plagiarism Today.

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The Campaign to Defend Generative AI

The Illusion of More

I have not written steadily about AI and copyright because, frankly, it’s exhausting. Not quite as exhausting as watching the state of the Republic overall, but almost as relentlessly incoherent and repetitive. For instance, Winston Cho for the Hollywood Reporter describes a PR and lobbying campaign by the tech coalition Chamber of Progress to defend […] The post The Campaign to Defend Generative AI appeared first on The Illusion of More.

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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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Women’s Representation in the Legal Industry

JD Supra Law

In honor of retired Justice Sandra Day O'Connor, the first woman to serve on the U.S. Supreme Court, who died in December 2023, this article examines women's representation in the legal industry and in patent law. While an increasing number of women earn law degrees, women continue to be underrepresented as practicing attorneys and in leadership positions.

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Infographic | What we have learned from playing softball

Olartemoure Blog

For our firm, softball is not just a sport. It is part of a yearly ritual in which the whole firm comes together. We compete in a softball match that, throughout the years, has taught us valuable lessons we see reflected in our daily lives at the office. HERE WE WOULD LIKE TO SHARE SOME OF THESE: team spirit Softball has taught us that success is built as a team.

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IP Forecast: Cooley Atty Faces DQ Bid Over Past Patent Work

IP Law 360

A prominent Cooley LLP lawyer will face questions next week in a Philadelphia courtroom over her work a decade ago at her former firm defending a cloud software startup that is now suing a Cooley client. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

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Government Court Filing on Bill C-11: “The Act Does Allow For the Regulation of User-Uploaded Programs on Social Media Services”

Michael Geist

The public outcry over the Online Streaming Act is largely in the rear view mirror as the law is now at the CRTC facing years of regulatory and court battles. Last week, the Commission issued its first major ruling on mandated payments by Internet streaming services, a decision that, as I’ve written and discussed , is likely to increase consumer costs with limited benefit to the film and television sector.

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Playing Chess Makes Me A Better Lawyer

IP Law 360

There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

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UEFA Targets Pirate EURO 2024 Live Streams Before They Start

TorrentFreak

UEFA is the international body that governs football throughout Europe. As part of FIFA, the organization holds the rights to several major competitions and tournaments, including the Champions League and the European Championships. These events are good for billions of euros in broadcasting rights and with these types of figures at stake, UEFA is understandably keeping a close eye on piracy.

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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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Meta Facing Complaint Over Plans To Train AI With User Data

IP Law 360

A Norwegian consumer protection group has hit Meta with a legal challenge over its plans to deploy its users' data — including images and posts — to train artificial intelligence models.

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Copyright and the meta-regulation of intermediary services and artificial intelligence

Kluwer Copyright Blog

Photo by Chris Spiegl on Unsplash The EU laws on digital services ( Digital Services Act – DSA ) and artificial intelligence (AI Act, cited here according to EP document P9_TA(2024)0138 of 13 March 2024) are intended to ensure safety and trustworthiness on the Internet and in dealing with AI. These overall aims also include the protection of copyright and related rights.

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IP and Tech: Twin Engines of Innovative Sustainability

JD Supra Law

In the quest for a sustainable future, the United Nations’ Sustainable Development Goals (SDGs) represent goalposts, albeit lofty ones, that countries can aim for. These 17 interconnected goals address pressing global challenges, from climate change to income and gender inequality. Achieving these goals requires more than just lofty aspirations, however.

IP 70
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Ethical Dimensions of Patents: The Impact of the WIPO Treaty on Genetic Resources

IP Watchdog

The morality of patents remains a pressing issue, particularly concerning genetic resources and traditional knowledge. Ethical concerns persist due to the historical exploitation of these resources without proper recognition or compensation to indigenous communities. Article 1 of the World Intellectual Property Organization (WIPO) Treaty on Patents, Genetic Resources, and Traditional Knowledge outlines its objectives, emphasizing transparency, fairness, and the protection of rights for indigenou

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Confirmed: delays in first examination of Canadian trademark applications to be reduced substantially

JD Supra Law

During a recent meeting, the Canadian Intellectual Property Office (CIPO) revealed plans for a significant reduction in the first examination of Canadian trademark applications not using the pre-approved list of goods and services from 54 months to 24 months by March 2025. This announcement follows CIPO’s recent hiring of 160 new examiners.

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TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

The TTABlog

So far this year, the Board has affirmed about 90% of the Section 2(e)(1) mere descriptiveness refusals reviewed on appeal. Here are three more. How do you think they came out? [Results in first comment]. In re Skechers U.S.A., Inc. II , Serial No. 90701471 (June 10, 2024) [not precedential] (Opinion by Judge Peter W. Cataldo). [Mere descriptiveness refusal of WORKOUT WALKER for footwear and a host of apparel items.

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PTO Collaborates With UK Counterpart to Address Standard-Essential Patents

JD Supra Law

On June 3, 2024, Under Secretary of Commerce for Intellectual Property and US Patent & Trademark Office (PTO) Director Kathi Vidal and Chief Executive Officer of the UK Intellectual Property Office (IPO) Adam Williams signed a memorandum of understanding (MOU) designed to tackle various issues related to standard-essential patents (SEPs).

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International Due Diligence: Obtaining Corporate Information and Common Challenges

Cogency Global

What this is : Due diligence is crucial in business, helping to assess risks and make informed decisions about a target company or a group involved in certain commercial transactions. Public record due diligence involves gathering information from various public sources and analyzing that information to support their decision-making process. What this means : In the modern world, businesses operate internationally , necessitating a tailored approach to mitigate risks across jurisdictions.

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The ABC’s of the DMCA for OSP’s

JD Supra Law

We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US copyright law that will help minimize the impact of allegations of online infringement.

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Samsung Wants $26M Fees In IP Case Ended By Misconduct

IP Law 360

Samsung told a Texas federal judge that it plans to ask for about $26 million in attorney fees after he threw out infringement litigation that hinged on confidential documents that he ruled were stolen by the tech giant's former employees.

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Video Games and Esports: Why WIPO’s ADR is Tailored to Help Resolve IP Disputes

JD Supra Law

In this episode of the Knobbe IP+ podcast, Knobbe Martens partner Mauricio Uribe speaks with World Intellectual Property Organization (WIPO) Legal Officer Oscar Alberto Suárez Bohorquez on the recently announced WIPO Alternative Dispute Resolution (ADR) program for resolving disputes in video games and esports. Mauricio and Oscar discuss the ways in which WIPO’s ADR program is tailored to the ever-evolving industries of video games and esports and how WIPO’s new program is positioned to assist.

IP 65
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Jury Finds Infringement In Chart Copyright Case

IP Law 360

A Washington federal jury on Thursday found that a software company infringed on a teaching chart, awarding leadership consulting company Enterprise Management Ltd. $8,000 but finding that the infringement was not willful.

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The $X Factor: Demystifying Damages Calculations

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to deny a defendant’s motion for a new trial on damages, finding that the plaintiff’s damages expert sufficiently showed that prior license agreements were economically comparable to a hypothetically negotiated agreement between the parties. EcoFactor, Inc. v. Google LLC, Case No. 23-1101 (Fed.

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Intellectual Property Rights in the Age of Artificial Intelligence: Navigating Challenges and Seizing Opportunities

IIPRD

Abstract This paper delves into the profound integration of artificial intelligence (AI) into contemporary life and its impact on intellectual property rights (IPR). Analyzing the convergence of AI and IPR laws, it elucidates the challenges and ambiguities in recognizing AI as inventors or creators. Amidst AI’s transformative potential, a balanced regulatory framework is imperative to safeguarding individual IPR rights while optimizing the societal benefits of AI innovation.

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Update on Aflibercept BPCIA Litigation

JD Supra Law

In a sealed order that issued on June 11, the Court granted a permanent injunction in favor of Regeneron against Mylan/Biocon in the pending aflibercept BPCIA litigation. .

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Canadian Businessman Cops To Stealing Tesla Trade Secrets

IP Law 360

A Canadian businessman residing in China pled guilty in New York federal court to scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Thursday.

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Understanding Director Vidal's Impact on Inter Partes Review Procedures

JD Supra Law

United States Patent and Trademark Office Director Kathi Vidal's recent decision emphasizes the importance of General Plastic factor 1 in cases where there is no significant relationship between multiple petitioners.

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Equipment Maker Looks To Chill Ice Creamery's Use Of Its IP

IP Law 360

A company that holds a patent for making ice cream using cryogenics has accused a Florida franchisor of falsely claiming to operate under a patent, saying in Washington federal court that the dessert purveyor has even been charging franchisees an "intellectual property fee.

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PTO Reopens Comment Period for AI Inventorship Guidance

JD Supra Law

The US Patent & Trademark Office (PTO) reopened and extended until June 20, 2024, the period for public comment on the guidance regarding inventorship in applications involving artificial intelligence (AI) assisted inventions. The guidance was published on February 13, 2024, at 89 FR 10043.

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Chegg Directors, Auditor Beat Academic Cheating Lawsuit

IP Law 360

Delaware's Court of Chancery has issued a failing grade to a stockholder of online book and study aid giant Chegg Inc. who accused the company of operating as a cheating service for students, dismissing the case for lack of supporting facts.

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New Arguments Yield Same Unpatentability Outcome

JD Supra Law

On remand from the US Court of Appeals for the Federal Circuit in connection with inter partes review (IPR) proceedings, the Patent Trial & Appeal Board considered the petitioner’s reply arguments and evidence regarding the claim constructions that were first proposed in the patent owner’s response but again found that the claims were not unpatentable.

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4th Circ. Revives Bacardi Fight Over Expired TM Renewal

IP Law 360

The Fourth Circuit on Thursday revived Bacardi's lawsuit challenging the U.S. Patent and Trademark Office's decision to renew an expired trademark registration for Havana Club rum, finding such registration renewals can be reviewed by the courts.

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Contract Corner: Ensuring IP Provisions Are Fit for GenAI

JD Supra Law

A significant number of legacy software solutions are now incorporating generative artificial intelligence (GenAI), and most new software solutions have some form of GenAI capabilities. This is true across the majority of, if not all, industries and, as such, it is not surprising that we are seeing a large increase in GenAI-related queries from businesses that use, or are procuring, software.

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Teva Wins Pause Of Order Ousting Patents From Orange Book

IP Law 360

A New Jersey federal judge ordered on Thursday a 30-day stay of his Monday ruling that a handful of patents covering Teva-brand asthma inhalers were improperly listed in the federal Orange Book, saying he wanted the matter to reach the Third Circuit in the most orderly way possible.

Patent 52
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"Using AI tools to help assess inventive step": A response to the CIPA journal article

The IPKat

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The article was inspired by the EPO's AI assisted search tool, AI-PreSearch. The CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and the prior art as a new test for inventive step. However, in this Kat's view, using the amount of "similarity" between the claims and the prior art as a test for inventive step would constitute a vast