Tue.May 14, 2024

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Disney, Books and the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board has issued a final judgement in its longest-running case, favoring Disney over a smaller book publisher. The post Disney, Books and the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 226
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Canada is not the United States when it comes to Copyright: The Cases Anne of Green Gables and Steamboat Willie (or Down the Copyright Rabbit-Hole, Twice)

Hugh Stephens Blog

Image: Shutterstock.com Canada not the US when it comes to copyright—or anything else.

Copyright 130
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3 Count: Luxembourg Battle

Plagiarism Today

Luxembourg appeals court sides with photographer, X case against data scraper dismissed and cryogenic tank lawsuit dismissed in India. The post 3 Count: Luxembourg Battle appeared first on Plagiarism Today.

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USPTO Guidance On AI And Patents Draws Worry And Praise

IP Law 360

U.S. Patent and Trademark Office guidance on when inventions developed using artificial intelligence can be patented has generated concern from some companies and industry groups about discouraging AI adoption and putting patents at risk, while others welcomed it as a sound approach.

Patent 104
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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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Workflow of the Future: SMART Standards in Action

Velocity of Content

In the most recent webinar in the Workflow of the Future series, SMART Standards in Action, we were joined by Jonathan Rushmore, Design Principal and Vice President at AECOM, to talk about integrating machine-readable standards along with other data sources into large engineering projects, with a focus on building design. He discussed the challenges and opportunities of using automation.

Designs 97
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Amazon Owes Atty Fees Plus $525M IP Bill, Cloud Co. Says

IP Law 360

After an Illinois federal jury determined that Amazon owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, the Chicago software company asked a judge Tuesday to add $180 million in interest, while also arguing Amazon owes attorney fees for its surprise trial tactics.

IP 98

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What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say

IP Law 360

Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.

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Healthy Disruption: Machine Learning for Early Cancer Detection is Super-Charging Diagnostics, says A.I. Pioneer A.C. Nelson

IP Close Up

“We can manage terabytes of data in seconds, then move and store it in the cloud,” explains pioneering physicist, bioengineer, inventor and serial entrepreneur Alan Continue reading

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A Vision For Economic Clerkships In The Legal System

IP Law 360

As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

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3D Printing at Stratasys—Printing Technologies

Christopher Roser

Recently I had a chance to visit the world market leader in 3D printing, Stratasys, together with my students. We went to their location in Rheinmünster, Germany, near the Baden-Baden airport. While I always keep a bit of an eye on new developments in 3D printing, it was quite refreshing to get an update on. Read more The post 3D Printing at Stratasys—Printing Technologies first appeared on AllAboutLean.com.

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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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Why IP Rights Expire and Why They Must Be Strong While They Last

IP Watchdog

Imagine building a house and by law, 20 years from completion, all ownership rights to the asset expired permanently whether retained by the original owner or obtained through purchase. Notwithstanding rising real estate values, the ability to reap the benefit of that asset’s appreciation would decrease rapidly for every year the property was owned.

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Endo Par Innovation Co. v. BPI Labs, LLC - Adrenalin® (Epinephrine)

JD Supra Law

Case Name: Endo Par Innovation Co. v. BPI Labs, LLC, C.A. No. 8:23-cv-1953-WFJ-TGW, 2024 WL 730478 (M.D. Fla. Feb. 22, 2024) (Jung, J.) - Drug Product and Patent(s)-in-Suit: Adrenalin® (epinephrine); U.S. Patents Nos. 9,119,876 (“the ’876 patent”) and 9,295,657 (“the ’657 patent”).

Patent 70
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USPTO Steps in for Congress in Attempt to Legislate on Terminal Disclaimers

IP Watchdog

By now, you are aware that the U.S. Patent and Trademark Office (USPTO) released a Notice of Proposed Rulemaking (NPRM) on May 10, 2024 (89 Fed. Reg. 40439), that would dramatically alter patent applicant and patentee statutory rights in their patent filings by proposing a draconian change to the requirements for submission of a terminal disclaimer (TD).

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Supreme Court Extends Copyright Damages Beyond Three Years

JD Supra Law

Key Takeaways - Last week, in Warner Chappell Music, Inc. v. Nealy, the Supreme Court held that a copyright owner with a timely claim for infringement can recover damages “no matter when the infringement occurred” and with “no time limit on monetary recovery.”.

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A Creeper: Absorbing Generative AI into the Inventive Process

IP Watchdog

The U.S. Patent and Trademark Office’s (USPTO) recent Request for Comments (RFC) on the impact of artificial intelligence (AI) highlights a critical juncture in intellectual property law—evaluating the impact of generative AI (GenAI) on the non-obviousness standard. As GenAI technologies integrate deeply with human intellect, possibly even enhancing cognitive capacities, we must reassess what constitutes “progress” and the constitutional value that intellectual property law was envisioned to adv

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USPTO's Notice of Proposed Rulemaking on Terminal Disclaimer Practice

JD Supra Law

On May 10, 2024, the United States Patent and Trademark Office (USPTO) published a notice of proposed rulemaking (NPRM) that proposes a rule regarding new requirements for terminal disclaimers filed to obviate nonstatutory double patenting rejections.

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Leaving out the Working Examples?

SpicyIP

A development that patent lawyers are surely going to find interesting, on March 13, the Delhi High Court, in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents & Designs , clarified that a working example does not define the patent’s scope. Raising some concerns with this finding of the Court, we are pleased to bring to you this guest post by Dhruv Vatsyayan.

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Court to Decide Whether AI-scraped Job Database Is Subject to Copyright Protection and Is Infringed?

JD Supra Law

A pending lawsuit raises an interesting copyright infringement question – does scraping an AI-generated database of job listings constitute copyright infringement?

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Can Access to Published Research Help Local Science and Innovation?

WIPO Magazine

Low-cost access to information can drive research and clinical trials in developing economies and contribute to SDGs. But different regions are affected in different ways. So how can low-performing institutions catch up?

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Copyright Act Does Not Create A Separate Time-Based Damages Bar For Timely Claims

JD Supra Law

The Copyright Act provides that an action for copyright infringement must be commenced “within three years after the claim accrued.” 17 U.S.C. § 507(b). The Supreme Court has not analyzed when copyright claims accrue under the statute, but the lower federal courts have. Although some federal trial courts previously held that copyright claims accrue when an infringing act occurs (the “injury rule”), the federal trial and appellate courts now uniformly hold that such claims accrue when claimants.

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'Secret' Docs Show Samsung Breached Netlist Deal, Jury Told

IP Law 360

An attorney for Netlist told a California federal jury Tuesday during opening statements in its breach of contract suit against Samsung that "secret documents" will show that the technology giant's executives gleefully sought to crush Netlist by cutting off its supply of crucial computer memory products.

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Spotlight On: Herceptin® (trastuzumab) / Ogivri® (trastuzumab-dkst) / Herzuma® (trastuzumab-pkrb) / Ontruzant® (trastuzumab-dttb) / Trazimera® (trastuzumab-qyyp) / Kanjinti® (trastuzumab-anns) / Hercessi™ (trastuzumab-strf)

JD Supra Law

*Trastuzumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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Netflix Can't Shake Patent Biz Case In Delaware

IP Law 360

A federal judge on Tuesday rebuffed Netflix's attempt to invalidate several patents it has been accused of infringing, finding the ideas underlying the handful of decade-old tech patents are inventive enough to move the lawsuit forward.

Patent 52
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Federal Circuit Patent Watch: Printed Matter Doctrine Applies to Communicative Content, Not All Communications

JD Supra Law

Precedential and Key Federal Circuit Opinions - 1. IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll) - Chen, J. The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and Appeal Board (“Board”) finding unpatentable certain claims of the challenged patents. IOENGINE appealed, arguing that the Board incorrectly applied the printed matter doctrine, among other arguments.

Patent 65
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Venable Opens First Colorado Office With 8 Ex-Sherman Attys

IP Law 360

Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.

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Spotlight On: Neulasta® (pegfilgrastim) / Fulphila® (pegfilgrastim-jmdb) / Udenyca® (pegfilgrastim-cbqv) / Ziextenzo® (pegfilgrastim-bmez) / Nyvepria®(pegfilgrastim-apgf) / Fylnetra™ (pegfilgrastim-apgf) / Stimufend® (pegfilgrastim-fpgk)

JD Supra Law

Pegfilgrastim Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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Effect Of New China Duties Hinges On Allies' Response

IP Law 360

The effectiveness of new tariffs, announced Tuesday, on Chinese products including electric vehicles, semiconductors and solar cells to protect domestic industries may be determined more by the international community's response than the trade remedies themselves.

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Hey Siri, Are You A Tangible Product?  Delaware Judge Said No 

JD Supra Law

IPA Technologies Inc. v. Microsoft Corporation, No. CV 18-1-RGA, 2024 WL 1797394 (D. Del. Apr. 25, 2024) - On April 25, 2024, Judge Richard G. Andrews from District of Delaware found that Siri, the digital assistant produced by Apple, is not subject to the patent marking requirement pursuant to 35 U.S.C. § 287(a) because it is an intangible product.

IP 65
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Boeing Can't Beat Rival's Trade Secrets Claim, 11th Circ. Hints

IP Law 360

Counsel for Boeing attempted to convince the Eleventh Circuit on Tuesday that a rival aircraft company's bid to claim unjust enrichment amid a long-running U.S. Air Force contract fight should be barred by contract language that waived claims for damages stemming from Boeing's allegedly underhanded bidding tactics.

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Amgen and Sandoz Settle Prolia® / Xgeva® Biosimilar Litigation

JD Supra Law

Amgen and Sandoz reached a settlement in Case No. 1:23-cv-02406 (D.N.J.) on April 29 just hours before a New Jersey District Court Judge (Christine O’Hearn) was scheduled to announce her ruling on Amgen’s preliminary injunction against Sandoz’s Jubbonti® / Wyost® (denosumab-bddz), interchangeable biosimilars of Amgen’s Prolia® / Xgeva® (denosumab), FDA-approved on March 5, 2024.

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Lululemon Scores Partial PTAB Wins On Nike Patents

IP Law 360

The Patent Trial and Appeal Board has found that athletic apparel retailer Lululemon Athletica Inc. had shown that all the challenged claims of one Nike patent on fitness tracking technology and some of the claims of another patent are invalid.

Patent 52
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Copyright Law and BodyCam Video

JD Supra Law

I saw this question online and decided to answer it here on my blog. It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police footage or vehicle cam video from law enforcement in the public domain. I would state "it depends.".

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Norwich, Bausch Ask Fed. Circ. To Rethink Xifaxan IP Ruling

IP Law 360

Alvogen's Norwich Pharmaceuticals unit and Bausch Health have launched bids for the Federal Circuit to rehear a case in which it affirmed a Delaware federal court's decision preventing the release of a generic version of Bausch's blockbuster diarrhea and brain disease drug, Xifaxan, until 2029.

IP 52
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Spotlight On: Enbrel® (etanercept) / Erelzi® (etanercept-szzs) / Eticovo® (etanercept-ykro)

JD Supra Law

Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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The PREP Immunity Question Won't Be Decided Yet

IP Law 360

The Federal Circuit opted Tuesday not to say whether a 2005 public health law provides any legal immunity in a patent dispute between rival manufacturers of COVID-19 test swabs, leaving the thorny question unanswered.

Law 52