Wed.Oct 25, 2023

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Poisoning the AI Well

Plagiarism Today

Researchers at the University of Chicago have developed Nightshade, a tool that it claims can poison AI training data. Here's how it works. The post Poisoning the AI Well appeared first on Plagiarism Today.

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Are Canadians Born Pirates?

Hugh Stephens Blog

Credit: Pixabay.com This is the question that Peter Grant chose to highlight when reviewing my book, In Defence of Copyright (see below). It is a question rooted in both our history and current practices. Sometimes when I look at the efforts of creators and rights-holders in Canada to protect, manage and exploit their works, I … Continue reading "Are Canadians Born Pirates?

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3 Count: Not Enough

Plagiarism Today

Musician sues Dr. Luke and the estate of Juice WRLD over unpaid royalties, Sky asks Irish government for great protection and more! The post 3 Count: Not Enough appeared first on Plagiarism Today.

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CJEU has received first reference on DSM Directive

The IPKat

The Court of Justice of the European Union (CJEU) has received its first request for preliminary ruling concerning the interpretation of Directive (EU) 2019/790 (DSM Directive). The referred questions in C-575/23 are not yet available officially but may be accessed in the materials of the national Belgian case that has given rise to the request. The Belgian litigation, initiated in July 2021, concerns a dispute between the musicians of the Belgian National Orchestra (ONB) and the ONB itself.

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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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Private Space Activity and the Advantages of U.S. Patents for Protecting Space Inventions

JD Supra Law

In 2025, the National Aeronautics and Space Administration (NASA) is scheduled to once again bring man and machine to the lunar surface, this time under the name of the Greek goddess Artemis. However, the means to the ends have changed. The new Artemis missions lean more heavily on the aid of private space companies than their predecessor Apollo missions, with private enterprises developing the systems, stations, and vehicles to make the ten proposed Artemis missions a reality.

Invention 117
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Instagram and Facebook ‘Flag’ IPTV Searches Over Piracy Concerns

TorrentFreak

Similar to any other online platforms that deal with user-generated content, Instagram and Facebook process thousands of copyright complaints daily. Simply responding to takedown notices isn’t sufficient for all rightsholders, some of which mentioned Meta’s companies as potential “notorious markets” in recent recommendations to the U.S.

Marketing 102

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This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix

Technology & Marketing Law Blog

In the early days of the pandemic, tattoo artist Cramer created this tattoo and tattooed it onto her husband: The tattoo depicts Joe Exotic of Tiger King “fame,” a can of Lysol, some coronaviruses, and the words “Quarantine 2020.” None of this makes any sense to me. I guess you had to be there. Cramer apparently had no affiliation with either Joe Exotic or Lysol.

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[Event] 6th Annual Summit on Life Sciences IP Due Diligence - November 28th - 29th, Boston, MA

JD Supra Law

ACI’s 6th Annual Life Sciences IP Due Diligence Summit is devoted to providing corporate and IP counsel with expert strategies for assessing, valuing, and commercializing IP assets when conducting strategic IP due diligence – an essential to nearly every corporate transaction. The esteemed speakers will provide insights on what to look for during the due diligence process, when to report findings, how to communicate effectively within and across teams, and when to adjust your expectations and.

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NJ Eatery Says Adios To 'Taco Tuesday' In A Win For Taco Bell

IP Law 360

The prospect of protracted fighting in Washington, D.C., with the Taco Bell brand has forced a restaurant and bar in New Jersey to give up its claim on the phrase "Taco Tuesday," putting an end to a massive publicity campaign from the fast food chain.

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Recently in the Federal Circuit: Reasonable Expectation of Success May Not Be So Spooky After All

JD Supra Law

With Halloween fast approaching, many of us are asking the age-old question: “Is this decoration too heavy to hang with this [hook/tape/blue tack/string around a too-thin tree branch]?” The Federal Circuit faced a similar conundrum in one recent case and found that an ordinary engineer would be up to the task.

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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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Pro Bono Work Is Powerful Self-Help For Attorneys

IP Law 360

Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

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[Audio] UPSTO Director Review — Patents: Post-Grant Podcast

JD Supra Law

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings at the U.S. Patent Office (USPTO). In this episode, Nick Gallo moderates a discussion with firm colleagues Andy Zappia and Bryan Smith on the increasingly active role of the USPTO director in inter partes and post-grant review proceedings, including through the director review procedure.

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Euipo’s Rejection Of Trademark Applicationof Virtual Image

Biswajit Sarkar Copyright Blog

In February 2022, Colt CZ Group SE (Colt) a Czech holding company filed an application to register a mark depicting an assault rifle as a European Union Trademark (EUTM) containing the word elements “CZ BERN 2”. The class applied for was under Classes 9, 35 and 41, in respect to virtual goods and services and online entertainment, sporting or cultural services aimed at virtual firearms.

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Time Is Running Out For The EPO’s 10-Day Rule

JD Supra Law

Stakeholders accustomed to having “ten more days” to respond to a communication from the European Patent Office will have to update their calendaring systems for documents dated on or after November 1, 2023. This is because the European Patent Office (“EPO”) is abolishing its “10-day rule” such that all response periods will be measured from the date printed on the document, effectively ending the 10-day grace period.

Patent 68
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Split Federal Circuit Panel Says Netflix Failed to Properly Raise Arguments in IPR Petition

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential ruling finding that it is ultimately the petitioner’s burden to clearly present arguments in an inter partes review (IPR), and that Netflix failed to do so in challenging the relevant claims of DivX’s streaming technology patents. Judge Dyk dissented from the majority.

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Sisvel International S.A. v. Sierra Wireless, Inc., No. 2022-1387, 2022-1492 (Fed. Cir. Sept 1, 2023)

JD Supra Law

This case addresses the validity of two patents asserted against wireless communications technologies. In particular, this case discusses claim construction and post-issuance claim amendments that broaden the scope of challenged claims.

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TTABlog Test: Which of These Three Recent 2(d) Appeals Was/Were Reversed?

The TTABlog

The rate of affirmance for Section 2(d) refusals is running at just over 85% so far this year. That's about 5% lower than usual. Here are three recent TTAB decisions, at least one of which was reversed. How do you think they came out? Answers in first comment. In re Lucas Oil Products, Inc. , Serial No. 90667610 (October 19, 2023) [not precedential] (Opinion by Judge Peter W.

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New York Limits Employee Invention Assignment Provisions

JD Supra Law

Governor Kathy Hochul signed a bill into law last month that amended the New York State Labor Law by adding a new section (203-f). The law prohibits any clause in an employment agreement that requires employees to assign their inventions to their employer if the employee created them on their own time and without using the employer’s resources or trade secrets.

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Penile Implant Doc Deserves $46M After Trial Win, Judge Told

IP Law 360

An attorney for a urologist who won a jury trial verdict over a competitor's theft of penile implant trade secrets urged a California federal judge Wednesday to award almost $46 million in damages, saying his client deserves $15 million in royalties that should be tripled for willful and malicious conduct.

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Panduit: A Test for All Seasons

JD Supra Law

8 The Panduit test for determining lost profits in a patent case is almost fifty years old. The four-factor test doesn't exactly roll off the tongue, but it has persevered. Therefore, it is always of interest anytime there's a lost profits decision in a patent case where a court states that “given the particularities of [the] case, it is not clear that the Panduit test is appropriate.”.

Patent 62
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A consortium (including IFM, Australian Super, GIP and QSuper) - RA IE

Herbert Smith Freehills

A consortium (including IFM, Australian Super, GIP and QSuper) - RA IE A consortium (including IFM, Australian Super, GIP and QSuper) on the $32 billion acquisition of Sydney Airport Related Sectors: Real Assets: Energy and Infrastructure Client Name: A consortium (including IFM, Australian Super, GIP and QSuper)

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USPTO News Briefs - October 2023

JD Supra Law

Patent Center to Replace EFS-Web and Private PAIR in November - In a press release issued last month, the U.S. Patent and Trademark Office announced that the Patent Center system will fully replace the EFS-Web system and the Private Patent Application Information Retrieval (Private PAIR) tool for the electronic filing and management of patent applications beginning on November 8, 2023.

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With Friends Like These: Copyright Implications Of Novelists Drawing Inspiration From The Real Lives They Cross

LexBlog IP

Fiction writing has a curious claim on truth. We learn this at the youngest age, listening to fairy tales when the child in us “intuitively comprehends that, although these stories are unreal, they are not untrue …” Bettelheim, The Uses Of Enchantment: The Meaning and Importance of Fairy Tales (at 73). We hear this in Melville’s revealing, in the opening of chapter 12 of Moby Dick , the location of the island of “Rokovoko,” a place that “is not down in a

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In Re: Cellect, LLC No. 2022-1293 (Fed. Cir. Aug. 28, 2023)

JD Supra Law

This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). Background - Cellect sued Samsung Electronics, Co. for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.

Patent 62
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Winging it

Likelihood of Confusion

Legal marketing guy Lance Godard hosted Blawg Review this week with a simulated 22-tweet “interview” of 22 different lawyers. You have to click it to see what I mean. Hey, The post Winging it appeared first on LIKELIHOOD OF CONFUSION™.

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Five Tech Cases Everyone Needs to Know – SOCAN v CAIP

Barry Sookman

The Supreme Court decision in SOCAN v CAIP was a landmark copyright decision that broke new ground on the liability (or immunities) of ISPs for copyright infringement in Canada and in formulating the territorial scope of the Copyright Act. If you want to know more, you will want to listen to the podcast hosted by Connor Bildfell and my interview with him on the case.

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ICYMI: The Importance of Data Quality in Moving Scholarly Publishing

Velocity of Content

As publishers transition to OA business models, they are focused on building institutional agreements that can be sustainable long-term while meeting short-term goals. Last year, industry expert Herman Mentink explored the challenges that publishers face when crafting OA agreement proposals, specifically the role of quality data in their development.

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Meta - commercial lit

Herbert Smith Freehills

Meta - commercial lit Meta in connection with a proposed collective action in the CAT alleging an abuse of a dominant position based on allegations of unfair terms and unfair pricing in respect of the Facebook social media platform Services: Competition Litigation Client Name: Meta

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Five minutes with. Elizabeth Morris, Pure Storage

Managing IP

Each week Managing IP speaks to a different IP lawyer about their life and career

IP 81
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Post-Hoc Party: You Should Have Said That Before

Patently-O

by Dennis Crouch Netflix, Inc. v. DivX, LLC , — F.4th — (Fed. Cir. 2023) In recent years, a number of PTAB decisions have been vacated on appeal because the administrative court failed to address arguments raised by the various parties. Seeing this potential avenue for appeal, many IPR-losers comb through their IPR filings in an attempt to identify potential untapped veins.

Art 48
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Ecolab, DuBois Early Win Bids Mostly Rejected In Patent Row

IP Law 360

A Delaware federal judge on Wednesday refused summary judgment requests from food safety company Ecolab and rival DuBois Chemicals, telling Ecolab there was no basis to grant summary judgment in its favor and telling DuBois there was a dispute of material fact as to infringement.

Patent 45
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Genentech and Biogen File Joint Stipulation of Dismissal in BPCIA Litigation Regarding Tocilizumab

LexBlog IP

As we previously reported , in July 2023 Genentech, Inc., Hoffmann-LaRoche, Inc., and Chugai Pharmaceutical Co., Ltd. (collectively, “Genentech”) filed BPCIA litigation against Biogen MA Inc. and Bio-Thera Solutions, Ltd. in the District of Massachusetts, asserting that Biogen sought FDA approval “to commercialize ‘BIIB800,’ a proposed biosimilar to Genentech’s drug Actemra® (tocilizumab).” On October 23, the parties filed a Joint Stipulation of Dis

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Defense Cos. Urge Full 9th Circ. To Resolve Air Force IP Feud

IP Law 360

A pair of military contractors said a panel's decision not to revive their suit accusing the U.S. Air Force of pilfering the contractors' designs for aerial firefighting tanks conflicted with other circuits, urging the full Ninth Circuit to review the opinion.

Designs 40
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Indonesia Investment Authority - RA IE

Herbert Smith Freehills

Indonesia Investment Authority - RA IE Indonesia Investment Authority on its investment in the Bakauheni-Terbanggi Besar and Medan-Binjai toll roads in North and South Sumatera with a total enterprise value of approximately US$1.

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Judge Says Revived Software Patent Suit Needs More Facts

IP Law 360

A small patent licensing company must have more facts for its suit to fly in a California federal court, a judge has ruled a year after the software patent was given a second lease on life by a Federal Circuit ruling on the issue of how courts determine inventiveness in suits over software.

Patent 40