Mon.Sep 25, 2023

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Is Google Favoring AI Content?

Plagiarism Today

A recent algorithm change at Google has many webmasters angry as their traffic tanks while AI-generated pages outrank them. Here's why. The post Is Google Favoring AI Content? appeared first on Plagiarism Today.

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Artificial Intelligence in Drug Development: Patent Considerations

IP Watchdog

Artificial intelligence (AI) is a field of computer science that creates software or models that mimic human reasoning or inference. Machine learning is a subset of AI which uses algorithms trained on massive amounts of data to allow the computer to learn with gradually improving accuracy without explicitly being programmed. The biopharmaceutical and healthcare fields produce massive amounts of data, including properties and characteristics of drug compounds, biological, genomic, and clinical da

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3 Count: Somebody is Listening

Plagiarism Today

Zayn Malik sued over Better, record labels hit back at X (Twitter) and EU lawmakers call for compromise on AI and copyright issues. The post 3 Count: Somebody is Listening appeared first on Plagiarism Today.

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X Clearly Profits from Widespread Music Piracy, Labels Argue

TorrentFreak

Earlier this year, Universal Music, Sony Music, EMI and others filed a complaint at a Nashville federal court, accusing Elon Musk’s X Corp of “breeding” mass copyright infringement. The company behind X allegedly fails to properly respond to takedown notices and lacks a proper termination policy for repeat infringers. As a result, X is reportedly rife with music piracy.

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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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Who Gets the Patent When AI Is the Inventor?

JD Supra Law

Artificial intelligence is transforming drug design — but it could also disrupt intellectual property law. To realize AI’s full promise, the US may have to reconsider its approach to issuing patents.

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EUIPO Fifth Board of Appeal rules out that sale of spare parts for Ferrari’s Testarossa is genuine use of the trade mark

The IPKat

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use. When considering spare parts in connection with genuine use, the Court of Justice of the European Union (CJEU) held in Ferrari SpA v DU ( C-720/18) EU:C:2020:854 (amongst others) that use of a trade mark is also genuine use if the proprietor of the trade m

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Another Drop in the Bucket: Delhi High Court’s Interim Injunction Denial for Vifor in FCM Patent Infringement

SpicyIP

Adding another leaf to the FCM patent litigation saga, the Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s product in the market. However, the court hesitated in passing a final word on whether FCM is a product-by-process patent or not, in light of the ongoing appeal before the Division Bench in Vifor v.

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Realtek Denied Mandamus Relief at CAFC in ITC Battle with AMD

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied a petition for writ of mandamus filed by Realtek Semiconductor Corporation seeking to direct the International Trade Commission (ITC) to vacate its ruling granting Advanced Micro Devices, Inc. (AMD)’s motion to strike Realtek’s witness from testifying at an upcoming evidentiary hearing.

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SpicyIP Weekly Review (September 18- September 24)

SpicyIP

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce.

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Romi’s Revenge: Notorious Manga Pirate Launches Explosive Book, Demands Retrial

TorrentFreak

While some pirate sites will obviously slip through the cracks, the overwhelming majority of piracy platforms that exist today are already known to the rightsholders they affect. Actions taken against specific pirate platforms are shaped by policy, resources, and other practicalities, meaning that less significant sites may face no immediate threat.

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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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Webinar on “Breaking Patent Barriers: Struggle to Access Breast Cancer Medicines in India” (September 28)

SpicyIP

We’re pleased to inform you that Third World Network is organizing a webinar on “ Breaking Patent Barriers: Struggle to Access Breast Cancer Medicines in India ” on 28th September, Thursday at 1 pm GMT (6:30 pm Indian Standard Time). For further details, please see their announcement below: Breaking Patent Barriers: Struggle to Access Breast Cancer Medicines in India Accessing cancer treatment and medications has emerged as a pressing concern in India.

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U.S. Copyright Office Seeks Comment on AI and Copyright Issues in Recent Notice of Inquiry

JD Supra Law

On August 30, 2023, the U.S. Copyright Office released a Notice of Inquiry (NOI) seeking comment on the copyright law and policy issues implicated by artificial intelligence (AI) systems. Businesses whose content or publications may be used by AI systems as well as businesses that develop or deploy AI systems, particularly those involving generative AI, should consider responding to the NOI.

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Federal Circuit Affirms Finding of Indefiniteness in Dispute Over Mobile Phone and Camera Patents

Patently-O

by Dennis Crouch The U.S. Court of Appeals for the Federal Circuit recently affirmed a finding by Western District of Texas Judge Alan Albright that certain claims in two patents owned by WSOU Investments LLC were invalid as indefinite under 35 U.S.C. §112. WSOU Invs., LLC v. Google LLC , Nos. 22-1066, -1067 (Fed. Cir. Sept. 25, 2023). Although the decision is designated nonprecedential, it includes a number of interesting lessons on the requirements for definiteness and disclosure of corresp

Patent 70
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The UPC Means Business: Patentee Wins Preliminary Injunction

JD Supra Law

The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments and CosMx reagents for RNA detection in 17 European Union countries.

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A NEW KIND OF SODA Fails to Function as a Trademark for Beverages, Says TTAB

The TTABlog

The Board upheld a refusal to register the proposed mark A NEW KIND OF SODA on the Supplemental Register, for "Non-alcoholic sparkling fruit juice beverages; non-alcoholic water-based beverages," finding that the phrase fails to function as a trademark under Sections 1, 2 and 45 of the Trademark Act. Evidence of third-party use of the phrase "a new kind of soda," mixed in with applicant's own usage, took the fizz out of applicant's arguments.

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More New York Legislative Enactments

JD Supra Law

New York State Governor Kathy Hochul continues to sign legislation emanating from a busy legislative session, including legislation rendering contractual assignment-of-inventions provisions unenforceable, prohibiting employers from accessing employee social media account log-in information, requiring written notice of unemployment insurance benefits, and modifying the New York Labor Law definition of “clerical and other worker.”.

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Dunkin' Says Vapin' Donuts Is Knockin' Off Trademark

IP Law 360

Dunkin' Brands is accusing a vaping manufacturer of infringing on its trademark by promoting electronic cigarettes under the mark "Vapin' Donuts," according to a suit filed in New York federal court.

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FDA’s Orange Book Listing Process: FTC Formally Joins the Fray

JD Supra Law

The Federal Trade Commission (FTC), supported by the Food and Drug Administration (FDA), issued a policy statement on September 14 indicating that the FTC intends to “scrutinize improper Orange Book listings” to identify potential violations of Section 5 of the FTC Act, which prohibits, among other things, unfair methods of competition.

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Connecting Neighbors to High-Speed Internet Service in Rural Texas

U.S. Department of Commerce

Connecting Neighbors to High-Speed Internet Service in Rural Texas September 25, 2023 KCPullen@doc.gov Mon, 09/25/2023 - 11:52 Infrastructure By: Kevin Gallagher, Senior Advisor to the Secretary In August, I had the pleasure of visiting Totelcom’s offices and training facilities in De Leon, Texas. Totelcom is a family-owned, rural telecom provider that serves De Leon—with a population of just over 2,000—and the surrounding communities.

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EDVA Judge Rules That Geolocation Patents Are Invalid Under 35 U.S.C. § 101

JD Supra Law

On September 18, in identical opinions issued in separate cases against Google and Apple, EDVA District Judge Michael Nachmanoff ruled that four patents directed toward geolocation of mobile devices claimed patent-ineligible subject matter under 35 U.S.C. § 101. Geoscope Technologies PTE, LTD. v. Apple Inc., Case No. 1:22CV1373, 2023 U.S. Dist. LEXIS 165795 (E.D.Va.

Patent 70
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AMC, Sony Escape Tax Biz's 'Better Call Saul' TM Suit

IP Law 360

AMC and Sony Pictures did not infringe Liberty Tax Service's trademark and trade dress with a fictional business in the hit show "Better Call Saul" whose owner is imprisoned for embezzlement, a Manhattan federal judge ruled Monday.

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Director Vacates PTAB’s Denial of Institution That Contradicted Federal Circuit Precedent on Anticipation and Written Description for Method of Treatment Patent

JD Supra Law

A Petitioner filed a request for rehearing and a request for Precedential Opinion Panel review after the Patent Trial and Appeal Board (PTAB or the “Board”) rejected its petition for post-grant review. The Director of the U.S. Patent and Trademark Office sua sponte granted Director Review and concluded that the PTAB failed to correctly determine whether a certain species inherently anticipated the challenged claims and whether the claims were supported by adequate written description.

Patent 70
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The Year of AI Continues: U.S. Copyright Office Wants Your Thoughts on the Potential Regulatory Framework for AI

IP Tech Blog

2023 has been a watershed year for AI with its entry into the broader public consciousness. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and ser

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Error In Declaration Insufficient To Sink IPR

JD Supra Law

In a precedential opinion, the Court of Appeals for the Federal Circuit vacated a final written decision in which the Patent Trial and Appeal Board (“PTAB”) found that Apple had failed to meet its burden of showing unpatentability due to an error in its expert declaration. Apple Inc. v. Corephotonics, Ltd., Nos. 2022-1350, 2022-1351 (Fed. Cir. Sep. 11, 2023).

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This Week in Washington IP: How the USPTO and Innovators Can Harness AI, a Preview of the Upcoming Supreme Court Term, and Assessing the Biggest Talking Points for U.S. Trade Policy

IP Watchdog

This week in Washington IP news, the U.S. Patent and Trademark Office (USPTO) discusses how innovators and the Office can use AI tools to their advantage. The Hudson Institute turns its attention to U.S. trade policy, including important trends in semiconductor geopolitics. Elsewhere, the House Science Committee will look into how the EPA uses technology and research development to support local partners and other stakeholders.

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A U.S. View on the UPC – Part 7: “Discovery”

JD Supra Law

On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now 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 of 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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Patenting Biotech Invention

Biswajit Sarkar Copyright Blog

Biotechnology is a diverse field of science that studies and utilizes biology, biological processes and organisms to formulate new products or methods that are meant to improve human living. Biotechnology and Intellectual Property are intrinsically linked given that both fields require technology and innovation to pull them forward. What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same.

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Prosecution History May Support a Motivation to Combine

JD Supra Law

Elekta Limited v. Zap Surgical Systems, Inc. Before: Reyna, Stoll, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: Patentee’s failure during prosecution to distinguish relevant art provided support for motivation to combine.

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OpenAI comes out swinging in motions to dismiss copyright class action claims

Barry Sookman

OpenAI and Meta came out swinging in defense of several suits claiming their AI products infringe copyright and other rights. While these defendants are leaving to another day the legality of using copyright books for training their AI systems, they have clearly telegraphed the thrust of their defenses. In OpenAI’s motion to dismiss the Tremblay class action, usurpingly, it highlights the fair use defense.

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Update on Recent International Biosimilar Approvals

LexBlog IP

Approval of Fresenius Kabi’s Tocilizumab Biosimilar in the EU: On September 19, 2023, Fresenius Kabi announced that the European Commission (EC) granted marketing authorization for TYENNE (tocilizumab), a biosimilar referencing Roche’s ROACTEMRA. TYENNE is the first tocilizumab biosimilar approved in the EU. TYENNE received approval for both subcutaneous (prefilled syringe and autoinjentor) and intravenous formulations for the treatment of various inflammatory and immune mediated con

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Dykema Adds IP Litigation Senior Counsel In DC

IP Law 360

Dykema Gossett PLLC announced last week the hiring of a senior counsel for its intellectual property department out of its Washington, D.C., office, focusing on commercial and corporate litigation.

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Isn’t it time for the “Fair Use Bill of Rights?”

LexBlog IP

Fair Use needs to be more predictable. Here is a quick list of 5 items that should be considered “fair use” under the copyright laws. This should be codified as a “Fair Use Bill of Rights.” Let me know your thoughts, if you agree, disagree, or would add other things: Any third-party clip that is used for less than 5 seconds is fair game (ex. using a short 5-second audio or video clip, sound effect, music clip, etc.) regardless of the purpose.

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Frameworks for Sustainability on Campus

Velocity of Content

The United Nations’ 17 Sustainable Development Goals , adopted in 2015, address a range of important environmental and social challenges by stimulating global and collaborative action. With so much at stake for the SDGs, how do institutions ensure they select the right sustainability framework for them? That’s the concern addressed in a new report from Elsevier , “ Demystifying Sustainability Assessment.

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Artificial Intelligence in the Modern Workplace: A Multi-Part Series Highlighting Concerns and Implications of Using Artificial Intelligence Within a Company

LexBlog IP

As artificial intelligence (AI) grows in prevalence and accessibility, it is important for employers to consider the implications of its use by their employees. One method of anticipating and quelling potential liabilities that may arise is through deploying certain internal AI policies. This article focuses on certain issues employers should strongly consider when drafting and implementing an internal AI policy.

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Thanyalan Thanarojkultawee

Herbert Smith Freehills

Profile Picture : First Name : Thanyalan Last Name : Thanarojkultawee Job Title : Associate Phone Number : +66 2 857 3813 +66 2 857 3813 Email : Email thanyalan.thanarojkultawee@hsf.

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