Wed.Sep 13, 2023

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3 Count: LLaMA Too

Plagiarism Today

Authors file lawsuit against Meta over AI training, ACE targets Zoro successor, and Grammy CEO clarifies position on AI. The post 3 Count: LLaMA Too appeared first on Plagiarism Today.

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5 Things Corporate Boards Need to Know About Generative AI Risk Management

Intellectual Property Law Blog

The use of artificial intelligence (AI) is booming. Investors and companies are pouring cash into the space, and particularly into generative AI (GAI), to seize their share of the market which McKinsey reports could add up to $4.4 trillion annually to the global economy. Some companies are investing tens or hundreds of millions of dollars or more into GAI.

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Trending Sources

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Philadelphia Inquirer Fires Sports Editor Over Plagiarism

Plagiarism Today

The Philadelphia Inquirer has fired a sports editor over allegations of plagiarism. However, the story hints at deeper problems at the paper. The post Philadelphia Inquirer Fires Sports Editor Over Plagiarism appeared first on Plagiarism Today.

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The Intersection of Artificial Intelligence and Copyright

Velocity of Content

Copyrighted material is fuel for AI systems. Voluntary collective licensing is an effective solution enabling the use of copyrighted material as society realizes the benefits promised by AI systems. I invite our Velocity of Content blog readers to check out CCC’s “ Intersection of AI & Copyright ” page. It features a memo by IP and AI law expert Professor Daniel Gervais of the Vanderbilt Intellectual Property Program, where he addresses key copyright questions posed by AI technologies.

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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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Copyright Office Holds That 600+ Prompt Iterations Are Not Enough 'Human Authorship' for Registration of GenAI Artwork

JD Supra Law

On September 5, 2023, the U.S. Copyright Office Review Board affirmed the Copyright Office’s refusal to register a digital artwork created with the Midjourney text-to-image GenAI tool. The Review Board held that text prompts alone did not constitute sufficient human authorship, despite the claim that the work was the result of 624 iterative prompts.

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SpicyIP Tidbit: CGPDTM Notifies Patent and Trademark Agent Exams 2024

SpicyIP

Image by storyset on Freepik The CGPDTM has notified the 2024 Patent and Trademarks Agents Exams. The Trademarks Agent Exam is “likely” to be held on January 06, 2024 and the Patent Agent Exam is “likely” to be held on January 7, 2024 in 14 locations- Ahmedabad, Bangalore, Chandigarh, Chennai, Cochin, Delhi, Guwahati, Hyderabad, Kolkata, Lucknow, Mumbai, Nagpur, Ranchi, and Vishakhapatnam.

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SpicyIP Tidbit: CGPDTM Issues Public Notice Limiting the Access to Trademark Public Search and E-Registry Features

SpicyIP

Image by babysofja on Freepik Trademark lawyers and researchers rely extensively on the Public Search and E-Register features of the Trademarks Registry’s website. But often it gets excruciatingly slow and painful to access the desired information owing to the massive bulk of traffic and other issues with the Trademark Registry’s servers in place.

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Crafting a Successful Virtual Art Exhibition to Enhance Your Profile

Art Law Journal

Discover the transformative journey of hosting a virtual art exhibition. This piece offers artists a roadmap to not only showcase their creations in a compelling light but also to engage and build a loyal audience through innovative promotional strategies and post-exhibition engagement techniques.

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Doobie-ous Competition: How a Cannabis Company Can Use Employment Agreements to Protect Intellectual Property

JD Supra Law

In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect their intellectual property.

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Ed Sheeran’s Copyright Infringement Battles

Biswajit Sarkar Copyright Blog

Ed Sheeran is a world-renowned singer, songwriter, and composer. He has become a household name owing to hits like “Perfect”, “Shape of You”, “Castle on the Hill”, “Photograph” etc. His music is characterised by easy-to-understand lyrics and soft yet catchy tunes. Looking back, his career trajectory has been laced with a healthy amount of plagiarism allegations by other artists.

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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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An Opportunity to Chime In on Generative AI: Copyright Office Seeks Comments

JD Supra Law

On August 30, 2023, the U.S. Copyright Office published a Notice of inquiry and request for comment in the Federal Register (the "Notice"), seeking input from the public on various copyright law and policy issues relating to generative artificial intelligence. Written comments are due to the Copyright Office by October 18, 2023, while written replies are due no later than November 15, 2023.

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Hytera Must Produce Code In Motorola Radio Patent Suit

IP Law 360

China's Hytera Communications must produce source code for review in a patent dispute in which Motorola claims the radio manufacturer unlawfully copied its digital two-way radio technology and infringed seven patents, an Illinois federal judge ruled Tuesday, saying Hytera's motion suggests it is seeking to "essentially avoid production.

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[Webinar] 3rd Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA - October 10th - 26th, 1:00 pm EST

JD Supra Law

Gain a comprehensive understanding of Hatch-Waxman and BPCIA essentials, a critical competency for legal and business professionals in the biopharmaceutical arena. Attend ACI’s Hatch-Waxman and BPCIA Proficiency Series from October 10-26, a virtual three-week program designed to provide new lawyers and executives for the life sciences industry with a solid foundation for understanding the essentials as well as the intricacies of Hatch-Waxman and BPCIA litigation and regulation.

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Samsung Hit With Patent Suit Over 4G, 5G Products

IP Law 360

A Taiwanese company has accused Samsung of infringing a patent on wireless communications, targeting a wide array of Galaxy products the South Korean company produces.

Patent 81
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European Court of Justice: Judgment in Joined Cases C?775/21 and C?826/21

JD Supra Law

Broadcasting of background music – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public as a result of possession of technical means – Implications on Greek case law and practice in relation to use of in-store/background music in business premises. An excerpt of this article was first published on www.lexology.com.

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USPTO Seeks Comments On Standard-Essential Patents

IP Law 360

The U.S. Patent and Trademark Office and other federal agencies are looking for input on how to help improve standard-setting in the U.S., saying they are looking for information on issues like the effects of foreign intellectual property rules on standard-setting domestically.

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Don’t Be Descriptive, Be Creative!

JD Supra Law

There once was a company named Zotz, Which created toys for tots, Let’s use “Robotoy,” Zotz declares, File at once, Lawyer Zares, Months later, Zotz is dejected, Too descriptive, trademark rejected. First published in Inside magazine, NYSBA, Fall 2017.

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DuPont Wants Terms Of PFAS Deal With Ga. City Kept Secret

IP Law 360

DuPont, Chemours and Corteva slapped Rome, Georgia, and two publications with a complaint seeking to keep private the terms of a settlement reached in June resolving the alleged discharge of toxic "forever chemicals" in the city's drinking water, saying making the deal public could reveal their confidential trade secrets.

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Obviousness-Type Double Patenting is Alive and Well 

JD Supra Law

In a recent decision, the Court of Appeals for the Federal Circuit (“CAFC”) resolved district court splits regarding obviousness-type double patenting (“ODP”) by holding that ODP is still a valid challenge to patent validity and that the application of ODP is not dependent on intent of the patentee.

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US CAFC finds obviousness-type double-patenting based on PTA (In re Cellect LLC)

The IPKat

The US Court of Appeal of the Federal Circuit (CAFC) recently considered the interaction between two peculiarities of the US patent system, patent term adjustment (PTA) and obviousness-type double patenting (ODP) ( In re Cellect LLC ). This is the first time that CAFC have considered the implications of PTA for ODP. The decision has implications for the value of PTA to patentees by establishing the risk that PTA may invalidate a patent post-grant for obviousness-type double patenting.

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[Webinar] The Art of Teaching Complex Technology in Patent Litigation - October 5th, 12:00 pm - 1:00 pm ET

JD Supra Law

No matter how complex or arcane the technology in a patent dispute might be, there is always a way to simplify it. Everything can be distilled down into clear, concise, and accurate explanations that judges, juries, and other decision-makers can comprehend. The challenge is connecting the seemingly indecipherable to why it matters. Learn the tricks of the trade from our experts who overcome this challenge in patent litigation cases involving the most sophisticated intellectual property, every.

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WIPO is Seeking a Head of the Legislative, Policy and Technology Advice Section

IP Watchdog

The World Intellectual Property Organization (WIPO) is seeking a Head of the Legislative, Policy and Technology Advice Section of the Patent and Technology Law Division, Patents and Technology Sector. The Division is responsible for the implementation of WIPO's strategic goal concerning the balanced evolution of the international normative framework for intellectual property in the area of patents and related fields such as utility models and the protection of undisclosed information.

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Are Your Granted Patents in Danger of a Post-Grant Double Patenting Challenge? Time To Update Your Playbook in the Wake of In re Cellect

JD Supra Law

Here’s a familiar scenario. An applicant files a first patent application with medium-to-narrow claim coverage. The first patent application issues with some or substantial patent term adjustment (PTA) caused by one or more delays at the U.S. Patent and Trademark Office (e.g., Patent A – earlier-filed and later-expiring patent).

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Blow to Computer-Implemented Inventions: Canadian Court of Appeal Strikes Down the Subject-Matter Eligibility Test

IP Watchdog

The Canadian Federal Court of Appeal (FCA), in Attorney General of Canada v. Benjamin Moore & Co. [2023 FCA 168], a 3-0 decision, recently set aside the test on subject matter eligibility of computer-implemented inventions laid down by the Federal Court [2022 FC 923] last year. Acclaimed by patent professionals as a “favorable decision for Canadian applicants who have computer-implemented inventions,” the test had, for the first time, presented a declaratory relief and guidance for examinin

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Genentech, Novartis Sued Over Asthma Drug Patent

IP Law 360

Celltrion Healthcare has urged a London court to invalidate a patent for a drug used to treat severe asthma and chronic hives belonging to Swiss pharma giant Novartis and California-based Genentech, as it prepares to launch a biosimilar rival.

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Where there’s smokes

Likelihood of Confusion

The Denver Post reports a very interesting, and for trademark plaintiffs very troubling, decision that the Supreme Court has refused to review. It has to do with one of the. The post Where there’s smokes appeared first on LIKELIHOOD OF CONFUSION™.

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Procedural Mischief and Intentional Copying Lead to Summary Judgment in Trademark Battle Between Social Clubs

LexBlog IP

A defendant opposing a motion for summary judgment in a trademark case often repeats the refrain that issues of likelihood of confusion and dilution are riddled with issues of fact reserved for a jury. But in this “exceptional” trademark case filled with admissions on key issues (like intentional copying), a lack of evidence opposing plaintiff’s undisputed facts, and “procedural mischief”—including evasion of process, default, failure to meet extended deadline

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Norton Rose Brings On Stroock IP Leader In LA

IP Law 360

The former head of Stroock & Stroock & Lavan LLP's trademark practice has joined Norton Rose Fulbright as a partner in Los Angeles.

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2024 Changes to International Trademark Classifications

LexBlog IP

2024 Changes to International Trademark Classifications by Melanie Lane Understanding WIPO’s 2024 Nice Classification Changes: Impact on the USPTO’s §6.1 of 37 CFR Part 6 and Class 3 The United States Patent and Trademark Office (USPTO) recently announced a final rule that will bring significant changes to trademarks that will take effect on January 1, 2024.

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Precedential No. 25: TTAB Deems Grace Period Petition for Cancellation Moot When Registrant Failed to Renew

The TTABlog

The Board dismissed a petition for cancellation (of a registration for the mark ROD & CUSTOM for "magazines about automobiles") that was filed during the six-month grace period for (second) renewal of the challenged registration. When the registrant did not file its renewal application, the registration automatically expired as of its twentieth anniversary date, and so the later-filed petition for cancellation was deemed moot.

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Doobie-ous Competition: How a Cannabis Company Can Use Employment Agreements to Protect Intellectual Property

LexBlog IP

In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: Avoiding potential trademark infringement claims, and Protecting the business’ brand through trademarks In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect their intellectual property.

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Hooters Calls Ex-Calif. Franchise Public Health Threat

IP Law 360

Hooters has accused a California-based franchisee in Georgia federal court of unlawfully continuing to use the brand's trademarks after breaching its now-terminated franchise agreement by failing to maintain proper health and safety regulations.

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5 Things Corporate Boards Need to Know About Generative AI Risk Management

LexBlog IP

The use of artificial intelligence (AI) is booming. Investors and companies are pouring cash into the space, and particularly into generative AI (GAI), to seize their share of the market which McKinsey reports could add up to $4.4 trillion annually to the global economy. Some companies are investing tens or hundreds of millions of dollars or more into GAI.

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Empower Finance App Can Keep Its Name, For Now

IP Law 360

A venture capital-funded personal finance app called Empower won't have to change its name just yet, after a federal judge in Colorado ruled that customer confusion is "unlikely" in the financial services sector, an early loss for the retirement finance brand Empower in its trademark lawsuit.

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Historic Ruling: Dubai Court Applies Indian Marriage Law in Divorce Case

LexBlog IP

Published in: Gulf News UAE law allows non-Muslim expats to invoke their own laws in personal status cases Dubai: In a rare development, a Dubai court has used an Indian law to grant a man divorce, leading to him gaining custody of his children. It comes in line with a new UAE Federal Personal Status Law (Federal Law No. 41 of 2022) that took effect in February 2023, which grants non-Muslim expats the option to request a UAE court to apply their own country’s law regarding family matters s

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