Fri.Jun 21, 2024

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Five IPTV Operators Guilty of Movie & TV Piracy, Leader Faces 48 Years in Prison

TorrentFreak

In 2019, eight men from Las Vegas were named in a grand jury indictment alleging they conspired to violate criminal copyright law through two IPTV services, Jetflicks and iStreamitAll. According to the indictment, the defendants reproduced tens of thousands of copyrighted television shows without authorization, and distributed the illicit content to a vast audience of paid subscribers across the United States.

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Commerce's USPTO Announces National Strategy to Empower Innovators and Entrepreneurs from All Communities

U.S. Department of Commerce

Commerce's USPTO Announces National Strategy to Empower Innovators and Entrepreneurs from All Communities June 21, 2024 KCPullen@doc.gov Fri, 06/21/2024 - 12:19 Intellectual property New plan to increase diversity and participation in STEM, inventorship, and innovation The Commerce Department’s U.S. Patent and Trademark Office (USPTO) recently announced a new National Strategy for Inclusive Innovation to connect more Americans with resources to spur innovation and entrepreneurship.

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Zoom Latest Tech Giant Accused Of Infringing NM Co.'s Patent

IP Law 360

A New Mexico company has hit videoconferencing behemoth Zoom with a patent suit in Colorado federal court, alleging that Zoom is knowingly infringing a patent for identifying voices across multiple telephone networks.

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IPTV Operator Who Was Sentenced For One Week of Piracy is Less Lucky at Court of Appeal

TorrentFreak

Referred to in legal papers as simply J.E., the defendant was targeted in Sweden by local anti-piracy group Rattighetsalliansen (Rights Alliance) on behalf of major movie and TV show companies Svensk Filmindustri and Nordisk Film. The plaintiffs’ claim stated that J.E., either intentionally or with gross negligence, acted alone or in concert with others, to infringe their copyrights in cinematographic works.

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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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Glassblowing Makes Me A Better Lawyer

IP Law 360

I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

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Bundle or Bungle in the [Streaming] Jungle: The Fight Over Mechanical Royalties

JD Supra Law

In April 2024, Spotify announced a price increase for its ad-free premium subscription plan. This is the second price increase in 10 months and will go into effect in the United States later this year. According to Spotify, the latest price increase is tied to the addition of audiobook offerings to the premium subscription plan. Although Spotify initially added select audiobooks to the premium service in October 2023 without any additional cost, the impending price increase coupled with the.

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Child Safety May Lead the Charge on Platform Accountability

The Illusion of More

In my last post responding to the Chamber of Progress campaign for broad liability protections for generative AI developers, I noted that lawmakers are tired of blanket immunity for Big Tech. If the current legislative landscape is any indication, we may finally be at the leading edge of genuine accountability for the myriad harms caused […] The post Child Safety May Lead the Charge on Platform Accountability appeared first on The Illusion of More.

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A New International Treaty on Intellectual Property and Indigenous Knowledge and its Potential Impact on Canadian Agricultural Innovation

JD Supra Law

On May 24, 2024, after nearly 25 years of negotiations, the World Intellectual Property Office (WIPO) announced that member states, including Canada, had agreed to a new Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. This Treaty is a long-awaited first step in addressing the relationship between intellectual property (IP) over genetic resources and related Indigenous traditional knowledge.

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Irregularities in the Patent Examiner Recruitment Exams? DHC to Decide on the Allegations

SpicyIP

Image by freepik On June 16, the much awaited results of the three phrased exams for the recruitment of Patent Examiners were declared by the National Testing Agency (NTA). Originally meant to recruit 553 Examiners, as per the results, the NTA has “provisionally” recruited 550 Examiners who will then be subjected to another round of verification by the Controlling Authority.

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Eight on AI: Quick Considerations on Patenting Drug Discovery Therapeutics using Artificial Intelligence (AI) and Life Science-Related Machine Learning (ML)

JD Supra Law

Many life science companies are using AI/ML to identify new disease targets and new therapeutics, predict the efficacy and toxicity of potential clinical therapeutic candidates, design clinical trials and dosing or treatment regimens, and more.

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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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Friday Fantasies

The IPKat

Some 'graceful' sunbathing ahead of the weekend With summer officially started in the Northern hemisphere, not only are we enjoying the longest (sunny) days of the year but also new events and opportunities in the IP field. Take a look below and do not forget to regularly check the IPKat Events page too! Events E-course – Intellectual Property for Sustainable Innovations (16-27 September 2024) with 10% IPKat readers’ discount NOVA School of Law is organizing an online course aimed at providing a

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Protecting High-Value IP Portfolios: The Role of IP-Backed Financing Insurance for Lenders

JD Supra Law

In the world of intellectual property (IP), where patents, trademarks, and trade secrets hold immense value, securing these assets is paramount. When companies with valuable IP portfolios seek financing, lenders often face the challenge of assessing the true value of these intangible assets. This is where IP-backed financing insurance, or IP collateral insurance, becomes crucial, providing a safety net for lenders and unlocking significant borrowing potential for IP-rich companies.

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[Guest post] EPLIT’s Stockholm Congress Report

The IPKat

The IPKat has received and is pleased to host this guest post by former GuestKat Gabriele Girardello (Pavia e Ansaldo), recapping the recently annual meeting of the European Patent Litigators Association (EPLIT). Over to Gabriele: EPLIT’s Stockholm Congress Report by Gabriele Girardello Last week, this Katfriend had the opportunity to attend for the first time the annual conference of EPLIT.

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AI Visual Media Increasingly Draws Investor Attention

JD Supra Law

Artificial Intelligence (AI) visual media is having a moment, with PitchBook reporting that “startups are raising record sums to bring AI-generated visuals to enterprise clients.” This subset of generative AI saw VC funding surge 90% in Q1 of this year, bringing in an impressive US$402.7 million in investment, up from US$212.7 million in the previous quarter.

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Apple Won't Offer AI Tools In EU Due To Regulatory Concerns

IP Law 360

Apple confirmed Friday that the tech giant isn't planning on releasing new artificial intelligence features in the European Union this year due to "regulatory uncertainties" involving the bloc's new Digital Markets Act and the potential security risks that complying with the DMA could pose to Apple users.

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Technological Challenges for Regulatory Thresholds of AI Compute

JD Supra Law

In order to train generative AI models, in particular frontier large language models (LLMs) and multimodal models, it is necessary to perform vast amounts of computations, typically carried out on massive clusters of Graphics Processing Units (GPUs) or other specialized AI chips.

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Patentees Out of Luck Again: Sides with DraftKings that Remote Gambling Patent Ineligible

Patently-O

by Dennis Crouch The Federal Circuit has affirmed a D.N.J. court’s dismissal of patentee Beteiro’s infringement complaints against DraftKings, et al., agreeing that the asserted claims are directed to patent ineligible subject matter under 35 U.S.C. § 101. Beteiro, LLC v. DraftKings Inc. , No. 2022-2275 (Fed. Cir. June 21, 2024). The patents at issue were directed to methods of facilitating remote gambling activity using devises equipped with GPS.

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Trademarking History: Justices Uphold Names Clause, Clash Over Reasoning

JD Supra Law

On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and Trademark Office’s (PTO) refusal to register a contentious mark, the justices’ concurring opinions reveal sharp divisions over the proper framework for analyzing First Amendment challenges and the role of history in constitutional interpretation.

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Barry Sookman - Untitled Article

Barry Sookman

ISED has now published the submissions to the consultation on generative AI and copyright. The consultation focused on the impacts of recent developments in generative AI on the creative industries and considered whether changes are necessary to appropriately balance copyright and technological developments for an evolving Canadian economy. The submissions can be accessed at this link.

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The Reissue Recapture Doctrine

JD Supra Law

One of the advantages of filing a reissue application within two years of the original patent’s grant is the ability to seek broader claims. More often than not, however, a broadening Reissue will be rejected by the CRU examiner based upon the doctrine of recapture. Understanding recapture begins with understanding the specific terms utilized in describing recapture, as also highlighted in our recent article, Four Pitfalls to Understand in Reissues.

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Top Legislative IP Developments of 2024 and Prospects for Future

IP Watchdog

The end of 2023 and the first half of 2024 were remarkably eventful in terms of AI-related initiatives addressing the impact of AI on intellectual property and publicity rights. The general legislative goal seems to be twofold: to afford rights holders and consumers more rights, such as new publicity rights regarding digital replicas for celebrities, and to provide transparency regarding AI training data and AI impact.

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Supreme Court Upholds Constitutionality of Lanham Act’s Names Clause

JD Supra Law

In Vidal v. Elster, a unanimous Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s decision, holding that the Lanham Act’s names clause does not violate the First Amendment or trigger heightened scrutiny for judicial review. Although the Court was a 5-3-1 split on the reasoning, all the justices concurred in the holding.

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Know the Signs of Heat Illness and Your Heat Risk

U.S. Department of Commerce

Know the Signs of Heat Illness and Your Heat Risk June 21, 2024 KCPullen@doc.gov Fri, 06/21/2024 - 12:42 Weather and satellites How much heat can a person safely endure? It depends. Much less visible and dramatic than hurricanes, floods and tornadoes, heat is considered the silent killer, affecting the lives and health of people across the country.

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Sterne Kessler’s Reissue, Reexamination, and Supplemental Examination Practice Tips – June 2024

JD Supra Law

In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the USPTO formed the Central Reexamination Unit (CRU) and staffed it with 15 year+ Examiners and legal experts. Later, after the loss of Inter Partes Reexamination in 2012, the USPTO added all newly filed reissue applications to the CRU Examiner’s regime.

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Quinn Emanuel Rips Columbia's 'Utterly Meritless' Filing Bid

IP Law 360

Quinn Emanuel Urquhart & Sullivan LLP told the Federal Circuit on Friday that Columbia University's bid to introduce a former Norton Lifelock computer scientist's declaration claiming the company's former lawyers at the firm are lying about his refusal to testify in the school's decade-long $600 million patent case is "utterly meritless.

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Submitting Trade Secret, Proprietary, and Protective Order Materials in Reexamination and Reissue

JD Supra Law

The requirement for disclosure, candor, and good faith between an applicant/patent owner and the U.S. Patent and Trademark Office (USPTO) serves an important public interest. Succinctly, each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability.

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After Fed. Circ. Win, Bausch Sues Alvogen Over Drug Patents

IP Law 360

Bausch's Salix Pharmaceuticals has launched a lawsuit against Alvogen's Norwich Pharmaceuticals unit in a New Jersey federal court, claiming that its planned generic version of Xifaxan, a blockbuster diarrhea and brain disorder drug, infringes a set of patents.

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Enhancing Independence: New Rules for Communication in PTAB Panel Decisions Codify SOP4

JD Supra Law

The U.S. Patent & Trademark Office (PTO) has introduced new rules enhancing the independence of administrative patent judge (APJ) panels. The final rule, building on Standard Operating Procedure 4, prohibits senior PTO management and non-management APJs from discussing panel decisions with panel members unless they were part of the panel themselves.

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Drugmakers Decline To Drop Patent Listings After FTC Letters

IP Law 360

The eight pharmaceutical companies that the Federal Trade Commission warned in April may have improperly listed patents for its products in a key federal database have chosen not to remove any patents or otherwise alter their listings, according to a document released Friday.

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Disclosure of Antibody’s Equivalents Not Necessary to Satisfy Written Description and Indefiniteness Requirements for a Means-Plus-Function Claim Term

JD Supra Law

The United States Patent and Trademark Office’s (“USPTO”) Appeals Review Panel (“the Panel”) recently clarified that means-plus-function claims do not require that the specification disclose equivalents. See Ex parte Chamberlain, No. 2022-001944 (P.T.A.B. May 21, 2024) (“Panel Decision”), 35–37.

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Drug Cos., IP Attys Back Cellect In High Court Efforts

IP Law 360

A petition by patent litigation outfit Cellect that is looking to persuade the U.S. Supreme Court to wade into a double patenting dispute has drawn support from even more lawyers as well as a handful of major drugmakers and small tech companies like Sonos.

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New regulations for e-commerce approved

Olartemoure Blog

On June 12, 2024, the Colombian Congress approved important changes in the regulation of e-commerce. Among the main modifications, the following stand out: The reduction of the deadline for the return of money in case of retraction, which goes from 30 to 15 days. This measure streamlines the refund processes in favor of consumers and aims to increase security in online transactions.

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Ex-CEO Found Liable for $1 Now Seeks Atty Fees For Del. Suit

IP Law 360

The ex-CEO of a biopharma company who was found liable in 2021 for breaching his fiduciary duties but ordered to pay just $1 in damages after Delaware's Court of Chancery found that no real harm had been done is now suing for his attorney's fees and court costs.

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Most valuable global brands of 2024

Olartemoure Blog

Kantar, a leading market research company, published the list of the 100 most valuable brands in the world for this 2024. The list is headed by Apple, which for the third consecutive year occupies the first place, and this year becomes the first brand to reach the billion-dollar mark. Apple is followed by Google, Microsoft and Amazon , companies that have also remained stable at the top of the list.

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Pay-For-Delay Drug Case Not Time-Barred, UK Tribunal Says

IP Law 360

The U.K. Competition Appeal Tribunal refused Friday to apply a much more restrictive statute of limitations that would toss government claims that Danish pharmaceutical company Lundbeck Ltd. and generic drug manufacturers anticompetitively agreed to delay generic competition to an antidepressant.