Tue.Oct 17, 2023

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Kunihiko Ikuhara Files Defamation Case Against Plagiarism Accuser

Plagiarism Today

Anime director Kunihiko Ikuhara has filed a defamation lawsuit against a woman who accused him of plagiarism. Here's why he did it. The post Kunihiko Ikuhara Files Defamation Case Against Plagiarism Accuser appeared first on Plagiarism Today.

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United Cannabis Corporation v. Pure Hemp Collective Inc.

Intellectual Property Law Blog

This case addresses whether attorney’s fees are warranted due to an inequitable conduct and conflict of interest defense. Background UCANN filed suit in the District of Colorado in July 2018, accusing Pure Hemp of infringing the ’911 patent, entitled “ Cannabis Extracts and Methods of Preparing and Using the Same.” The parties stipulated to the dismissal of this case in 2021.

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3 Count: Copyright Car Show

Plagiarism Today

Telecoms file an amicus brief for Grande Communications, government sells Omi in a Hellcat's cars and GTA5 mod to scrub protected vehicles. The post 3 Count: Copyright Car Show appeared first on Plagiarism Today.

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5 Trademark Lessons from Ted Lasso

Erik K Pelton

What can Ted Lasso teach us about trademarks? Erik explains in this podcast. The post 5 Trademark Lessons from Ted Lasso appeared first on Erik M Pelton & Associates, PLLC. What can Ted Lasso teach us about trademarks? Erik explains in this podcast.

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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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Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

Kluwer Copyright Blog

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Algorithmic tools are gradually colonizing every creative sector, from being able to generate text (i.e., ChatGPT , Smodin ), to perform music (i.e., AIVA, Beatoven , Soundful ), to draw images (i.e., Dall-e , Midjourney , Dr

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The NO FAKES Act: With Proposed Bill, ?Congress Set to Protect Against Unauthorized ?Digital Replicas ?of Faces, Names and Voices

JD Supra Law

Congress has taken its first swing at generative AI. On October 12, 2023, a bipartisan group of senators (Senators Blackburn, Coons, Klobuchar, and Tillis) announced a draft federal bill aimed at establishing guard rails around the creation and use of digital replicas of faces, names, and voices. The Nurture Originals, Foster Art, and Keep Entertainment Safe Act (referred to as the “NO FAKES Act”) addresses a concern most can agree on: preventing one party from co-opting another’s identity.

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Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon

Technology & Marketing Law Blog

Kiwi Farms, operated by Joshua Moon, is best known for coordinating cyberattacks on individuals , especially people with disabilities. Few people would lament the site’s demise, but to date it has avoided legal exposure ( 1 , 2 ) and survived multiple deplatformings (e.g., CloudFlare’s block ). But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power?

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Sky Targets *47* Pirate IPTV Providers, Specifics Prevail After Police ‘Gagging’

TorrentFreak

In the absence of sudden momentous events, shaping entrenched public opinion requires astute calculations and considerable patience, built on a foundation of financial power. Right now and most likely for the foreseeable future, the corporations behind the BeStreamWise anti-piracy campaign believe that given enough time, attitudes towards pirate IPTV devices can be shaped in favor of legal alternatives.

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Comments to the Copyright Office on Artificial Intelligence

The Illusion of More

Below are the responses I submitted to selected questions in the U.S. Copyright Office Notice of Inquiry and request for comments on artificial intelligence. 8.1. In light of the Supreme Court’s recent decisions in Google v. Oracle America and Andy Warhol Foundation v. Goldsmith, how should the “purpose and character” of the use of copyrighted […] The post Comments to the Copyright Office on Artificial Intelligence appeared first on The Illusion of More.

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Court Orders Torrent Site Operators to Pay €489 Million in Piracy Damages

TorrentFreak

During the summer of 2017, French law enforcement booked a massive success with the shutdown of T411 , a popular semi-private torrent tracker with over five million registered members. The site, which catered to a French-speaking audience, had been on the radar of rightsholders for some time. After avoiding the long arm of justice on several occasions, the curtain eventually fell.

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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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Navigating Data Ownership in the AI Age, Part 1: Types of Big Data and AI-Derived Data

JD Supra Law

The emergence of big data, artificial intelligence (AI), and the Internet of Things (IoT) has fundamentally transformed our understanding and utilization of data. While the value of big data is beyond dispute, its management introduces intricate legal questions, particularly concerning data ownership, licensing, and the protection of derived data. This article, the first installment in a two-part series, outlines challenges and opportunities presented by AI-processed and IoT-generated data.

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9th Circ. Gives Samsung Another Shot In Netlist Deal Row

IP Law 360

A Ninth Circuit panel reversed a California federal judge's summary judgment ruling that Samsung breached a joint development and patent license deal with Netlist involving computer memory products, finding there was contractual ambiguity and the lower court erred in finding Netlist properly terminated the deal.

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Horizons 2023: Panelists discuss key issues keeping APAC life sciences GCs up at night

JD Supra Law

We were pleased to welcome industry leaders to our Life Sciences and Health Care Horizons event in Tokyo, where Hogan Lovells Tokyo office managing partner and Asia-Pacific (APAC) lead for the Life Sciences and Health Care sector Dr Frederick Ch’en, and partners Melissa Bianchi, Penny Powell, Cullen Taylor, and Hein van den Bos discussed the commercialization impacts of pricing and reimbursement, supply chain planning, commercial launch preparation, significant regulatory changes in the U.S. and

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SCOTUS Passes on Petition to Reconsider Eligibility of Isolated Vitamin B3 Claims

IP Watchdog

The U.S. Supreme Court on Monday denied certiorari to review a February ruling of the U.S. Court of Appeals for the Federal Circuit (CAFC) that held claims of ChromaDex, Inc.’s patent on an isolated form of vitamin B3 are directed to unpatentable subject matter under Section 101. The CAFC affirmed the Delaware district court’s grant of summary judgment for Elysium Health that the relevant claims of U.S.

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Growing Infringement of OEM IP Rights on Online Marketplaces

JD Supra Law

Sales of consumer products through online marketplaces have been commonplace for years and account for a significant portion of the total consumer products marketplace. Sellers of industrial products such as replacement parts for industrial or heavy equipment are enthusiastically taking advantage of these online marketplaces to gain access to a huge population of potential industrial equipment consumers.

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TTABlog Test: TTAB Rules in Three Section 2(d) Oppositions Argued in June 2023

The TTABlog

Last week the Board decided three Section 2(d) oppositions in which it held oral arguments in June 2023. How do you think they came out? Answers in first comment. Mi-Box Moving and Mobile Storage Inc. v. Mybox Inc. , Opposition No. 91265197 (October 12, 2023) [not precedential] (Opinion by Judge Jonathan Hudis) [Opposition to registration of MYBOX for "Modular metallic buildings; transportable metal buildings; prefabricated metal buildings; relocatable metal buildings" (Class 6), "Custom manufac

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New Law in New York Prohibits Certain Employee Invention Assignment Agreements

JD Supra Law

On September 15, 2023, a new law was signed in New York that prohibits employers from requiring that employees assign certain intellectual property rights to their employer. This new law impacts policies and practices that have been in place for years and requires employers to review (and potentially modify) their policies and form agreements to avoid violating New York law.

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Senate Confirms Del. District Judge With Patent Expertise

IP Law 360

The Senate voted 67-29 on Tuesday to confirm Jennifer L. Hall, a magistrate judge with an extensive background in patent law, to serve as a U.S. district judge for the District of Delaware.

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USPTO Issues Proposed Rules on Pre-Issuance Internal Circulation and Review of PTAB Decisions

JD Supra Law

On October 6, the United States Patent and Trademark Office issued a Notice of Proposed Rulemaking regarding pre-issuance internal circulation and review of decisions of the Patent Trial and Appeal Board. The Office also announced that it had issued a new Standard Operating Procedure 4 concerning its interim process for internal PTAB circulation and review, as well as a new SOP9 (now SOP3) concerning PTAB decisions remanded from the Federal Circuit.

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The Complex Fact/Law Divide in Obviousness Analysis

Patently-O

by Dennis Crouch The intersection between factual inquiries and legal conclusions in patent law is a complex and ever-evolving area, this is especially true in obviousness doctrine. A recent Federal Circuit decision highlights the tricky analysis required in assessing obviousness and damages in patent cases. In Cyntec Co. v. Chilisin Electronics Corp. , the appellate court examined whether the lower court’s directed verdict (JMOL) of nonobviousness improperly removed factual questions from

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The Fine Print: Avoiding IP Pitfalls in Unlicensed Fonts

JD Supra Law

When developing a new brand or product, creatives often give considerable attention to avoiding intellectual property infringement. Trademark lawyers are similarly vigilant to avoid infringing another company’s mark. However, when a company creates its labeling and marketing materials, they tend to not give enough thought to the issue of fonts. The fonts that a beverage company uses to create its website, print advertisements, bottling, labeling, and packaging may be protected by copyright and.

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Amending Claims to Capture Post-Filing Market Activity

Patently-O

On LinkedIn I’m asking folks about continuation practice: Should it be OK to amend claims in a continuation to cover a competitor’s new product? I don’t think I’ve seen such a lopsided poll outcome in quite a while with 93% so far indicating “Yes” it should be OK, assuming that the new claims create no enablement or written description problem.

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Parallel Petitions Denied

JD Supra Law

On March 15, 2022, Facet Technologies, LLC (Plaintiff/Patent Owner) filed an infringement suit against LifeScan, Inc. (Defendant/Petitioner) in U.S. District Court for infringement of U.S. Patent No. 8,840,635 (the ’635 patent). See Facet Technologies, LLC v. LifeScan, Inc., C.A. No. 22-cv-01717 (C.D. Cal.). The ’635 patent relates to the field of lancets and lancing devices for blood sampling and testing.

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The Lies We Tell Ourselves

LexBlog IP

Perhaps you’ve seen the meme that tells us that we all have the same number of hours in our day as Beyonce, and look at all that she has accomplished so get going. Clever, but the meme doesn’t include that she doesn’t wake up in the morning and say, “ Hmm, what am I going to do today? ” And she doesn’t do it alone.

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Latest Federal Court Cases - October 2023 #2

JD Supra Law

Finjan LLC v. SonicWall, Inc., Appeal No. 2022-1048 (Fed. Cir. Oct. 13, 2023) In the Federal Circuit’s only precedential opinion this week, a majority affirmed summary judgment of non-infringement on appellant Finjan’s malware detection patents. The Court’s opinion signals that patents originally drafted as directed to local computing functions may not be infringed when those same functions are performed in a cloud computing environment.

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Carlton Fields Adds Fox Rothschild Patent Law Atty In NY

IP Law 360

Carlton Fields has hired a partner from Fox Rothschild LLP who focuses her practice on patent litigation with clients in the pharmaceutical, biotechnology, cannabis and psychedelic industries, the firm announced Tuesday.

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Through the Lens: Jarrod Weber, Group President Lifestyle and Chief Brand Officer, Authentic Brands Group LLC - Katten Kattwalk | Issue 26

JD Supra Law

Your interest in brands and fashion dates back well before law school and your time as a Katten associate. Tell us about what led you to Authentic Brands Group and how your role has changed since we last interviewed you in 2018?

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Ex-Commerce Official Joins Blank Rome's Int'l Trade Group

IP Law 360

Blank Rome LLP announced that it added a former U.S. Department of Commerce official with more than 30 years of experience working international trade matters as of counsel in its Washington, D.C., office.

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Upcoming Webinar: AI Gone Awry – Lessons from an AI Fiasco

LexBlog IP

Wednesday, November 15, 2023 11:00 a.m. to 12:00 p.m. Eastern 10:00 a.m. to 11:00 a.m. Central 9:00 a.m. to 10:00 a.m. Mountain 8:00 a.m. to 9:00 a.m. Pacific About the Program On Wednesday, November 15, from 11 am to 12 pm Eastern, Seyfarth and Lexology will host a Masterclass webinar titled, “AI Gone Awry: Lessons from an AI Fiasco,” and presented by Seyfarth attorneys Owen Wolfe , Eddy Salcedo , and Jamie Anderson.

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Is the Food and Drug Administration Killing Chevron Deference?

IP Watchdog

The U.S. Supreme Court on Friday added another case to its docket that challenges the Chevron Doctrine, a decades-old principle instructing lower courts to defer to federal agencies' interpretations of ambiguous laws. The Court said it will hear Relentless, Inc. v. Dept. of Commerce in tandem with an almost identical appeal brought by Rhode Island herring fishers.

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United Cannabis Corporation v. Pure Hemp Collective Inc.

LexBlog IP

This case addresses whether attorney’s fees are warranted due to an inequitable conduct and conflict of interest defense. Background UCANN filed suit in the District of Colorado in July 2018, accusing Pure Hemp of infringing the ’911 patent, entitled “ Cannabis Extracts and Methods of Preparing and Using the Same.” The parties stipulated to the dismissal of this case in 2021.

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Patent Office Issued 297 Patents to Indiana Entities in August 2023

Indiana Intellectual Property Law

The U.S. Patent Office issued the following 297 patents to persons and businesses in Indiana in August 2023: Patent Number Patent Title US 11739342 B2 Nucleotide sequences and polypeptides encoded thereby useful for modifying plant characteristics US 11739561 B2 Electronic door with key-in-lever feature US 11739053 B2 P62-ZZ chemical inhibitor US 11737896 B2 Wirelessly-powered implantable EMG recording system US 11737944 B2 R

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Assessing the G20 Declaration’s Impact on IP framework

Intepat

Introduction The G20 Summit stands as a milestone in global economics and trade, serving as a convergence point for 19 economic powerhouses to come together and address potential future economic challenges and the corresponding strategies to tackle them. Adding to its significance, the 2023 summit took place in India. Notably, this featured recurrent discussions revolving around Intellectual Property (“IP”), underscoring the importance of the area in rising economies.

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Mixed Ruling from CAFC Finds District Court Erred on Damages, JMOL Analysis

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled on Monday that the U.S. District Court for the Northern District of California erred in granting judgment as a matter of law (JMOL) that the relevant claims of Cyntec Company, Ltd.’s patents were not invalid as obvious and in denying Chilisin Electronics Corp.’s Daubert motion to exclude testimony from Cyntec’s damages expert.

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Fresh blow to counterfeiters: they will have to indemnify trademark owners for moral damage, even if they have not sold the counterfeit products

Garrigues Blog

For the first time, the Supreme Court’s criminal chamber has upheld the existence of indemnifiable moral damage where there has been no actual sale of counterfeit products; an issue which, until now, has not escaped dispute. A Supreme Court ruling last 13 July establishes that the mere possession of counterfeit products and their display for sale entails “reputational damage” for the protected trademarks concerned.