Fri.Sep 22, 2023

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Terminate Future Piracy? You’re Talking About Things I Haven’t Done Yet

TorrentFreak

“You’re talking about things I haven’t done yet, in the past tense. It’s driving me crazy. Are you sure you have the right person?” Sarah Connor’s bewilderment in the 1984 masterpiece The Terminator is convincing. Important actions she was yet to take had already led to events happening in the future; the Terminator’s job was travel back from the future and stop her doing the stuff she hadn’t even done yet.

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Tragic Ending: Award-Winning AI Artwork Refused Copyright Registration

JD Supra Law

The US Copyright Office (CO) Review Board rejected a request to register artwork partially generated by artificial intelligence (AI) because the work contains more than a de minimis amount of content generated by AI and the applicant was unwilling to disclaim the AI-generated material. Second Request for Reconsideration for Refusal to Register Théâtre D’opéra Spatial (Copyright Review Board Sept. 5, 2023) (S.

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Why the Government is Quietly Undermining Competition Bureau Independence in Bill C-56

Michael Geist

The government unveiled Bill C-56 yesterday, legislation it touts as supporting the building of more rental homes (through tax measures) and stabilizing grocery prices (through Competition Act reforms). While the proposed Competition Act changes include increased investigative and merger blocking powers for the Competition Bureau as well as the long overdue elimination of the efficiencies defence, the bill also includes provisions that undermine Competition Bureau independence.

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SpicyIP Tidbit: Acquiesce, Copyright Infringement, and Pending Suits in Trial Courts: Highlighting SC’s Recent Remarks

SpicyIP

Image source – here The Supreme Court in Brihan Karan Sugar Syndicate Private Limited vs Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana dealing with issues of passing off, acquiescence, underscored the pendency of suits in the Trial Courts in the State of Maharashtra and urged the Bar members’ cooperation with the Trial Courts. The case contains a few notable points that I found worth tidbit-ing.

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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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New USPTO Paneling Guidance for TTAB and PTAB Requires Disclosure of Financial Interests Regardless of Dollar Value

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today announced new guidance on empaneling procedures for the Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB). Under the guidance, PTAB and TTAB management will “avoid empaneling cases to judges who hold stock or bonds (publicly traded or privately held) in any of the disclosed parties or real parties in interest, regardless of the dollar value.

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How Latham Attys Won $200M Trade Secrets Case In Ga. Trial

IP Law 360

Following almost nine years of litigation, Georgia manufacturer Universal Alloy Corp. defeated at trial allegations it stole Alcoa's trade secrets and a $200 million contract with Boeing for aircraft wing parts. Here, UAC's lead trial attorneys from Latham & Watkins LLP reveal to Law360 how they did it.

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The Videogame Industry is Larger Than Film and TV Combined, Why Aren’t They Paying Musicians Fairly?

The Trichordist

The videogame industry is larger than the film and tv industries, combined. Despite this, most if not all of the composers creating original videogame music are not… Read more "The Videogame Industry is Larger Than Film and TV Combined, Why Aren’t They Paying Musicians Fairly?

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Public Company Watch: September 2023

JD Supra Law

In the September edition of our Public Company Watch, we cover key issues impacting public companies, including the SEC’s new C&DIs and sample comment letter; considerations for issuers as they start their Form 10-Q preparations; the SEC’s recently settled charges in a case involving NFTs; the Delaware Supreme Court’s clarification of the standard of review that applies in contested elections; and the decision in the case Stephen Thaler v.

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[Guest Post] Book review: Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice

The IPKat

This book review of Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria. Here is what Kasim has to say: The task of writing on the subject matter of intellectual property (IP) is always an onerous one for a lot of reasons.

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D.C. Circuit Dismisses FTC Antitrust Suit: Exclusive Pharma Patent Licenses Remain Permissible Under The Patent Act

JD Supra Law

On Friday, August 25, 2023, the U.S. Court of Appeals For The District Of Columbia Circuit affirmed dismissal of an antitrust action brought by the Federal Trade Commission regarding Endo Pharmaceuticals’s grant of an exclusive patent license for its opioid, Opana ER (extended release oxymorphone), to Impax Laboratories. We last wrote about the FTC’s lawsuit in April 2022, when D.C.

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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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Google Fights $339M Verdict Finding Chromecast Infringed IP

IP Law 360

Google has urged a Texas federal judge to overturn a jury's $338.7 million verdict finding its Chromecast devices infringed Touchstream Technologies Inc.'s patents, and it is seeking a new trial, arguing Touchstone "biased the jury in its favor by focusing on its unmeritorious willfulness case, without carrying its burden on alleged infringement.

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AI Legal News Summer Roundup: Edition 5

JD Supra Law

We round out our series with a summary of several developments around the world that focus on the adequacy of the various jurisdictions' laws in addressing the opportunities and risks arising from generative AI.

Editing 77
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The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

The IP Law Blog

A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can avoid similar lawsuits in a post-Warhol world on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.

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In Good Hands: Compilation of Publicly Available Information Can Still Be a Trade Secret

JD Supra Law

The US Court of Appeals for the First Circuit affirmed a district court decision, finding that a compilation of customer-related information, even if publicly available, is a protectable trade secret. Allstate Insurance Co. v. Fougere, Case No. 22-1258 (1st Cir. Aug. 29, 2023) (Gelpi, Lynch, Thompson, JJ.).

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Other Barks & Bites for Friday, September 22: CAFC Says Reasonable Expectation of Success Findings Can Be Implicit; Authors Guild Sues OpenAI for ‘Flagrant’ Copyright Infringement; EPO Report Finds Massive Growth in 3D Printer Patent Filings

IP Watchdog

This week in Other Barks & Bites: CAFC says reasonable expectation of success findings can be implicit when combined with other analyses; Yale University settles a ketamine patent royalty dispute with the Department of Veterans Affairs for $1.5 million; the USPTO announces Mary Fuller as the new director of the Silicon Valley Regional Office; a group of famous authors files a lawsuit against OpenAI accusing the generative AI company of copyright infringement.

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[Audio] Podcast: The Briefing - Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

JD Supra Law

A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can avoid similar lawsuits in a post-Warhol world on this episode of The Briefing.

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Proximate cause defeats false advertising claims against standard setting body allegedly packed by competitors

43(B)log

Geomatrix, LLC v. NSF International, F.4th -, 2023 WL 5925977, No. 22-1947 (6th Cir. Sept. 12, 2023) Discussion of opinion below. Geomatrix sells a septic system that substantially differs from those sold by its competitors. It asserts defendants, those competitors and NSF International (the primary standard-setting organization for the wastewater product industry), conspired to exclude its unique system from the marketplace.

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[Ongoing Program] Life Sciences Series - IP Issues in Business Transactions - October 5th, 1:00 pm - 2:00 pm ET

JD Supra Law

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned attorneys across various practices who will share insights and provide a framework for navigating the relevant legal landscape.

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The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

The IP Law Blog

A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can handle similar situations in a post-Warhol world on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.

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How to Develop Partner-Ready Patent Estates

JD Supra Law

For our third and final Biotech Week Boston post, partner Stephen Altieri—one of the many within our 250-member-strong comprehensive cross-practice life sciences team with an advanced scientific degree—discusses efficient patent protection for emerging biotech companies with patent agent Emily Coury.

Patent 73
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The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

LexBlog IP

A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can handle similar situations in a post-Warhol world on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.

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Update on mRNA Vaccine Patent Litigation

JD Supra Law

​​​​​​​We previously reported on patent infringement litigations between Alnylam and Moderna. Below we provide updates on two proceedings involving the mRNA vaccine producer Moderna.

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The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

LexBlog IP

A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can avoid similar lawsuits in a post-Warhol world on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.

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Generative Artificial Intelligence Asks Questions of Innovation in Patent Law

JD Supra Law

Introduction - Generative artificial intelligence (GenAI) has dominated headlines for nearly all of 2023 and demonstrated that it has the potential to disrupt the economic landscape by displacing jobs and creating remarkable efficiencies for business operations.

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The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

LexBlog IP

A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can handle similar situations in a post-Warhol world on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.

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Federal Circuit: Preliminary Means Preliminary

JD Supra Law

The Federal Circuit recently held that the Patent Trial and Appeal Board (PTAB) was within its discretion to reach different conclusions in a Final Written Decision (FWD) than those provided in preliminary guidance regarding the patentability of amended claims. This discretion is rooted in the different standards applied at different stages of case progress, along with the development of a mature record throughout the case.

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Contribution rate Superintendence of companies 2023

Olartemoure Blog

By Official Act 100-01069, the Superintendence of Companies established the contribution rate to be imposed on the companies subject to its surveillance or control. The contribution rate corresponds to pay 0.10 cents for each COP 1,000 of total assets, without exceeding 1% of the total contributions, nor being less than (27.35) Tax Value Units – TVU of 2023 and must be paid within 20 calendar days, following the date of issuance of the collection account.

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Copyright Office Seeks Comments on Artificial Intelligence

JD Supra Law

The US Copyright Office (CO) issued a notice, seeking comments on copyright law and policy issues raised by artificial intelligence (AI) systems. Artificial Intelligence and Copyright, 88 Fed. Reg. 59942 (Aug. 30, 2023).

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The Chilean Business crimes law

Olartemoure Blog

To strengthen the fight against white collar crime, the Chilean Government issued Law 21.595 on August 17, 2023, the “Business Crimes Law”. The law compiles conducts so far criminalized in different Chilean codes and regulations, classifying them in four categories and establishing a more severe formula for the calculation of the penalty for legal persons and their senior executives and directors.

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Federal Circuit Patent Watch: For design patent infringement analysis, comparison prior art must be tied to same article of manufacture as claimed

JD Supra Law

Precedential and Key Federal Circuit Opinions - NETFLIX, INC. v. DIVX, LLC [OPINION] (2022-1138, 9/11/2023) (Hughes, Stoll, and Stark) - Stoll, J. The Court vacated the Board’s finding that an asserted prior art reference fails to qualify as analogous art. The Board’s directive that petitioner more precisely articulate the relevant field of endeavor was unduly strict.

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Decree to revise drug regulation

Olartemoure Blog

The Ministry of Health has introduced Decree 1474, which amends Decree 334 of 2022 and aims to revise critical aspects of drug regulation. The decree introduces key changes to the drug registration process, such as the obligation to notify the non-commercialization of a product and procedures for marketing authorization (MA) amendments, all aimed at streamlining bureaucratic processes.

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Judge Awards Voxer Some Deposition Costs in Meta Patent Infringement Suit

JD Supra Law

Last September, an Austin, Texas jury awarded Voxer, a communication technology company, nearly $175 million in damages in its patent infringement case against Meta, the parent company of social media giant Facebook.

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Seagate's Attys On The New Era Of Harsher Export Controls

IP Law 360

Seagate Technology LLC's record-breaking $300 million settlement with the U.S. Department of Commerce should serve as a warning to companies operating in China: minimize exposure now or face a darkening enforcement landscape, the company's attorneys told Law360.

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SUNNY ISLE Owner Denied Summary Judgment in Alleged Counterfeiting Case

JD Supra Law

JBC case against Pak Cosmetic Centre will go to trial following a rejected application for summary judgment. Originally published in the World Trademark Review on August 21, 2023.

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Need and effectiveness of witness preparation

Olartemoure Blog

In a recent judgment, the Colombian Supreme Court affirmed that witness preparation, both before and during the trial, is a practical and valuable practice that assists counsel in assessing the testimony’s usefulness and familiarizing the witness with the dynamics of the judicial process. The Court held that preparation of witness testimony by the parties prior to trial serves two key purposes: i) to determine the witness’s level of knowledge and how they obtained the information, wh