Thu.Nov 16, 2023

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The Divide in Journalism Over AI

Plagiarism Today

AI is causing a divide in journalism as news organizations work to find boundaries for the use of AI in reporting and licensing their work. The post The Divide in Journalism Over AI appeared first on Plagiarism Today.

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YouTube Copyright ID Scammers Must Pay Artists $3.3m Restitution

TorrentFreak

In 2021, the US Department of Justice launched a criminal proceeding against two men suspected of running a massive YouTube Content ID scam. YouTube’s flagship anti-piracy system is supposed to protect rightsholders but, in this case, it was used to exploit them. Multi-Million Dollar Scam The scammers’ company, MediaMuv LLC., wasn’t a direct member of the Content ID program.

Copyright 113
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3 Count: Walking Out

Plagiarism Today

Stability AI VP quits over copyright concerns, Microsoft extends protections to more AI customers, and the South Park lawsuit is trimmed. The post 3 Count: Walking Out appeared first on Plagiarism Today.

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TikTok Makes It Out of West Texas to Sunny Northern California

JD Supra Law

The US Court of Appeals for the Fifth Circuit granted a writ of mandamus ordering the transfer of a case, finding that the district court’s denial of the motion to transfer “was so patently erroneous” that the extreme measure was appropriate. In re TikTok, Inc., Case No. 23-50575 (5th Cir. Oct. 31, 2023) (Smith, Southwick, Wilson, JJ.).

Patent 110
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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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PersonalWeb, Ex-IP Attys 'Should Be Ashamed,' Judge Says

IP Law 360

A California federal judge slammed PersonalWeb and its former counsel during a hearing Thursday on Amazon's request for more than $5 million in fees for beating patent infringement claims, saying PersonalWeb is a "poster child for bad faith tactics" and the company and "any attorneys associated with it should be ashamed.

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Copyright Exceptions and Digital Exhaustion addressed by the European Court of Human Rights (yes, the one in Strasburg!)

Kluwer Copyright Blog

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. But last year, one supranational interference with copyright law surprisingly did not come from Luxemburg, but from Strasbourg: the judgment in Safarov v Azerbaijan.

More Trending

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Asked and Answered: More Questions About the Corporate Transparency Act

Cogency Global

What this is : There are still many questions regarding FinCEN and the Corporate Transparency Act. Our in-house thought leader, Pia Angelikis, Esq. tries to sort out some of the most important ones.    What this means : With the CTA ready for implementation on January 1 , 2024, you might still wonder about some of the Act’s nuances. Let’s take a look at additional questions and answers surrounding the CTA.

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[Audio] The FBI on Economic Espionage

JD Supra Law

Economic espionage sounds more like the stuff of a spy thriller than a day-to-day concern for business. Not so, as it turns out. To learn more we sat down with the FBI’s Counterintelligence Division Unit Chief Matthew Charles and Cyber Division Supervisory Special Agent Michelle Liu. Economic espionage generally refers to stealing trade secrets for the benefit of an overseas competitor, often one aligned with a foreign government.

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Community Partner Spotlight: Sphinx Organization

Copyright Alliance

Today, we turn the spotlight over to one of our Community Partners, the Sphinx Organization. The Sphinx Organization is a nonprofit that works to address the underrepresentation of people of […] The post Community Partner Spotlight: Sphinx Organization appeared first on Copyright Alliance.

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Protecting Brands in the Age of AI

JD Supra Law

The rapid adoption of generative artificial intelligence (AI) presents both unique opportunities and challenges for trademark and brand owners. By harnessing AI’s potential, businesses can accelerate the branding process by generating unique, brandable company and product names, logos and slogans tailored to specific industries and company values.

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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 Threat of Trademark Erosion

Corsearch

Erosion of your trademarks may start slowly, but it can quickly snowball. Before you’re aware of the severity of the threat, your marks may become ‘generic’ and increasingly difficult to protect. One of the greatest challenges of trademark practice is that brand owners can sometimes view trademark watching as a ‘nice to have’ rather than the essential practice that it is.

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[Audio] JONES DAY TALKS®: Paradise Lost: Court Says AI-Generated Work not Copyrightable

JD Supra Law

A federal district court held in Thaler v. Perlmutter that an AI-generated image, "A Recent Entrance to Paradise," cannot be copyrighted due to the lack of sufficient human contribution to its creation. Jones Day partners Emily Tait and Carl Kukkonen talk about the implications of the decision, the questions that remain, third-party complications, and what GenAI users need to know.

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Research Confirms Intellectual Property Rights are Crucial for Startup Financing and Exit Success

LexBlog IP

Research Confirms Intellectual Property Rights are Crucial for Startup Financing and Exit Success by Jaime Chandra Joint Study Highlights the Role of Patents and Trademarks in Securing Startup Funding and Facilitating Successful Exits A recent study by the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) unveiled a crucial truth: Intellectual Property Rights (IPRs) are not merely legal tools, but significant catalysts in a startup’s journey towards f

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Canadian Trademark Fees Increasing in 2024

JD Supra Law

Canadian brand owners should prepare now for fee increases coming into force in 2024. Overall, fees are set to increase by 20 to 35%. In particular, the government fee for filing a Canadian trademark application is increasing to $460 for the first class and $140 for each additional class (the current fees are $350 and $105, respectively). The renewal fee is increasing to $555 for the first class and $175 for each additional class (up from $420 and $130, respectively).

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UK Authorizes World-First Gene Therapy from Vertex and CRISPR Therapeutics for Blood Disorders

LexBlog IP

Earlier today, UK’s Medicines and Healthcare products Regulatory Agency (MHRA) granted conditional marketing authorization to Vertex Pharmaceuticals and CRISPR Therapeutics for their CRISPR/Cas9 gene therapy, CASGEVY (exagamglogene autotemcel), marking the world’s first regulatory approval for a CRISPR-based gene-edited therapy. CASGEVY is the first medicine to be licensed that uses the innovative gene-editing tool CRISPR.

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Resorting to Extrinsic Evidence Is Necessary When Intrinsic Evidence Is Muddied

JD Supra Law

The US Court of Appeals for the Federal Circuit determined that the limitation “a pH of 13 or higher” could not be construed using the asserted patents’ intrinsic evidence and therefore remanded to the district court with instructions to consider the extrinsic evidence and its impact on claim construction. Actelion Pharms. Ltd v. Mylan Pharms. Inc., Case No. 22-1889 (Fed.

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What if your Amazon Patent Violation Report is rejected?

Patent Trademark Blog

What if your Amazon patent violation report against an infringing product is denied? It seems so easy for patent owners. Fill out Amazon’s Report a Violation form by identifying your patent and the ASIN of each infringing product. Now just sit back and watch the infringing listings get taken down, right? Instead, you get a bot-like response saying that the accused product is not substantially similar to your patent.

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‘Better Call Saul’ Episode Sparks Controversy And Legal Battle

JD Supra Law

THE ALLEGATIONS: TRADEMARK INFRINGEMENT, DILUTION, AND DEFAMATION - In a recent legal development, JTH Tax LLC, a reputable tax service company, has filed a lawsuit against AMC Networks Inc. and Sony Pictures Television Inc. The lawsuit includes various allegations, such as trademark infringement, trademark dilution, and defamation.

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The line in the sand

Likelihood of Confusion

Scott Greenfield: You write that apology, and it better be done before hell freezes over or else. That will show him, right, Judge? You could quote this guy every day. The post The line in the sand appeared first on LIKELIHOOD OF CONFUSION™.

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Proper grounds to cancel another companies trademark

JD Supra Law

In business, trademarks are everything. It's how consumers come to know, love and trust your brand. It's a valuable corporate asset, and many disputes can arise of name rights with the explosion of e-commerce and the millions of new companies being formed around the world, and the United States each and every year. In short, it is a jungle out there.

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Teleflex Scores Again at CAFC with Affirmance of Medtronic’s PTAB Loss

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today affirming the Patent Trial and Appeal Board’s (PTAB’s) finding that Medtronic failed to prove the challenged claims of Teleflex’s catheter patent unpatentable. In several previous precedential decisions issued this year, the CAFC similarly upheld the PTAB’s determinations.

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FTC Disputes Patent Listings of 10 Brand Drug Makers as Improperly Listed in FDA’s Orange Book

JD Supra Law

On November 7, 2023, the Federal Trade Commission (FTC) sent notice letters1 to 10 brand drug manufacturers of drug-device combination products, including drugs delivered by asthma inhalers, epinephrine autoinjectors, and cyclosporine dropper bottles. The FTC announced that the agency intends to avail itself of the regulatory process under 21 C.F.R. § 314.53(f)(1) and submitted patent listing dispute communications to the U.S.

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CCC Again Named a Top Women-Led Business in Massachusetts by The Women’s Edge and Boston Globe

Velocity of Content

The Women’s Edge, a nonprofit that supports female business leaders, and The Boston Globe again named CCC to its annual Top 100 Women-Led Businesses in Massachusetts list celebrating the state’s leading companies and nonprofits run by women. CCC was ranked #13 this year. For each organization on the list, The Women’s Edge examined revenue or operating budget as well as other variables, including number of full-time employees in Massachusetts, workplace and management diversity, and innovative pr

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Latest Precedential Claim Construction Cases

JD Supra Law

Two recent precedential decisions of the Federal Circuit provide guidance on the contours of claim construction; more specifically, when intrinsic evidence is sufficient to determine claim meaning and when something more—extrinsic evidence—is required.

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New York Governor Proposes Cybersecurity Regulations for NY Hospitals

LexBlog IP

On November 13, 2023, Governor Kathy Hochul released proposed cybersecurity regulations applicable to all hospitals located within the state of New York. The Governor has included $500 million in grant funding in her FY24 budget to assist health care facilities with upgrading their systems to comply with the new requirements. According to the Governor’s press release , The proposed regulations aim to strengthen the protections on hospital networks and systems that are critical to providing patie

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USPTO Director Uses New Review Process to Order Independent Rehearing of PTAB Institution Decision

JD Supra Law

Last week marked the first time that USPTO Director Vidal acted under the Revised Interim Director Review Process to order a Delegated Rehearing Panel to review a decision denying institution of inter partes review (IPR). In July, the USPTO established a Delegated Rehearing Panel process by which the Director may delegate for further consideration Director Review requests of Institution Decisions and Final Written Decisions.

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What is an Illinois LLC search? A comprehensive guide

Legal Zoom

What is an Illinois LLC search? It is a vital tool for entrepreneurs and business owners to verify the availability of a full entity, business type, or desired business name, research existing companies, and maintain compliance with state regulations. In this comprehensive guide, we'll explore the process of conducting an Illinois LLC search and provide tips for effective searching to help you succeed in your business endeavors.

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Top ten considerations for creating an effective anti-counterfeiting program

JD Supra Law

A key component of any effective brand protection strategy is an anti-counterfeiting program. How can a brand owner protect its reputation and rights against counterfeiters, infringers and pirates? The answer will depend not only on the brand owner’s industry, but also on its channels of trade, goods and services.

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Winstead Expands In Texas With Porter Hedges IP Litigator

IP Law 360

Winstead PC has announced that it added former Porter Hedges LLP patent litigation partner Miranda Jones to its business litigation group as a new shareholder.

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Zealous Advocacy or Objectively Baseless: A Cautionary Tale  

JD Supra Law

In re PersonalWeb Techs. LLC, No. 2021-1858, 2023 WL 7267010 (Fed. Cir. Nov. 3, 2023) - The consequences of pushing zealous advocacy beyond reasonable limits can be severe. A recent Federal Circuit decision illustrates just how severe: in In re PersonalWeb Techs, a three-judge panel affirmed a $5.2 million attorneys’ fee award to the alleged infringer after over a decade of patent infringement litigation.

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Predicting Eligibility

Patently-O

by Dennis Crouch I have really enjoyed reading the new article by Professors Rantanen and Datzov providing empirical evidence that eligibility outcomes are now quite predictable. When the Supreme Court decided Bilski back in 2010, I was quite concerned about predictability and co-authored a BTLJ article with Prof. Rob Merges on the topic. If you recall though, in Bilski the Supreme Court offered no decision making framework beyond suggesting a case by case approach.

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Intellectual Property Primer Series: Trademark Basics

JD Supra Law

A trademark can be any word, name, symbol, or device (such as a logo, picture, slogan, color, shape, sound, etc.), including combinations of these elements. The key function of a trademark is to identify and distinguish the goods and/or services of the trademark owner from those of others and to indicate the source of those goods and/or services, even if that source is unknown.

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Manaflex Files CelLink Counterclaims For 'Fraudulent' Patent

IP Law 360

Circuit technology company Manaflex LLC told a California federal court Wednesday that competitor CelLink Corp.'s patent infringement lawsuit is a "desperate attempt" based on an invalid patent.

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When Are Post-AIA Prior Art Patents Effectively Filed?

JD Supra Law

Today, the Director of the U.S. Patent Office designated the final written decision in Penumbra, Inc. v. RapidPulse, Inc., IPR2021-01466, Paper 34 (March 10, 2023) precedential as to section II.E.3. In that section, the Board found that the holding in Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015), that under pre-AIA 35 U.S.C. § 102(e), a reference patent’s claims must have written description support in its parent application to be entitled to that.

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Fed. Circ. Says Medtronic Can't Revive Patent Challenge

IP Law 360

The Federal Circuit has backed the Patent Trial and Appeal Board's finding that medical device company Medtronic failed to show a catheter patent owned by a rival was invalid, the latest in a larger patent fight between the companies.

Patent 45