IP Watchdog

OCTOBER 28, 2024

One of the more interesting public policy reads of 2024 comes from the U.S. Patent and Trademark Office (USPTO), whose “Drug Patent and Exclusivity Study” effectively debunks the false narratives and bogus statistics that have been levied against pharmaceutical patents with significant effect in recent years. The inescapable takeaway from the USPTO study is that activists have manipulated data to inflate the effects of patents and other exclusive rights on competition.

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Plagiarism Today

OCTOBER 28, 2024

Thousands of open-access studies feature images that may have copyright restrictions. Here's how that happened. The post Why Thousands of Studies May Be in Copyright Limbo appeared first on Plagiarism Today.

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IP Watchdog

OCTOBER 28, 2024

As artificial intelligence (AI) technology continues to evolve at an unprecedented pace, it brings with it numerous questions regarding the application of intellectual property (IP) laws. The intersection of AI and IP raises critical considerations about the rights of creators and innovators, the interpretation and enforcement of established laws, and the potential impact on the future of creativity and innovation.

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Plagiarism Today

OCTOBER 28, 2024

The US Copyright Office finalizes new DMCA exemptions and Rhode Island bar sued over unlicensed karaoke tracks. The post 3 Count: Something Fishy appeared first on Plagiarism Today.

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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?

Technology

TorrentFreak

OCTOBER 28, 2024

The exact launch date of the ‘ BeStreamWise ’ anti-piracy campaign is difficult to pin down. Often subject to intense planning and strict media embargoes, we simply stumbled across the live campaign website early October 2023. The purpose of BeStreamWise is to raise awareness of risk associated with illicit streaming platforms. Specifically, when people subscribe to these types of services they risk fueling organized crime, quite possibly at the same time their bank accounts are being unexpected

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Michael Geist

OCTOBER 28, 2024

It has been many years since the Facebook and Cambridge Analytica privacy scandal captured headlines. The services at the heart of the case no longer exist, but the legal case in Canada continues to march on. Last month, the Federal Court of Appeal overturned a lower court decision that had largely sided with Facebook. In its place, it released a new decision that includes and analysis of reasonableness under the Canadian privacy law and engages with the notion of a potential trust but verify st

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The IPKat

OCTOBER 28, 2024

As The IPKat announced earlier this month, TOMORROW (Wednesday, 30 October) , we will be running a webinar - kindly hosted by international law firm Bird & Bird LLP on StreamYard - to discuss the present and future of image/publicity rights, also in light of the challenges that AI and deepfakes have been presenting. Indeed, the key question that we would like to tackle and possibly answer is the following: In an age, that of AI, in which the creation and circulation of digital replicas and d

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Selvam & Selvam Blog

OCTOBER 28, 2024

As the digital landscape evolves, the need to hold intermediaries to higher standards of accountability and duty of care has become increasingly pressing. This necessity arises from a growing trend in which intermediaries often overlook instances of infringement occurring on their platforms, to the detriment of the rights owners. With the rapid expansion of online services, intermediaries play a pivotal role and so, it is essential to implement stricter standards and practices that compel them t

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JD Supra Law

OCTOBER 28, 2024

With the widespread availability of domain registration and hosting services and the advent of low-cost generative artificial intelligence (“AI”) software, the creation of fraudulent websites has never been easier—or more convincing. With little more effort than a few prompts of an AI program, scammers are able to quickly set up seemingly legitimate websites with text, images, and even video that can look and sound like the real thing.

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The TTABlog

OCTOBER 28, 2024

Beverage behemoth PepsiCo knocked the stuffing out of Defendant Rockstar Industries in this consolidated opposition and cancellation proceeding. The Board granted PepsiCo's petitions for cancellation of three registrations for the mark ROCKSTAR for nutritional supplements and related products, and sustained an opposition to two applications for snack items and pickles, finding confusion likely with PepsiCo's identical mark for energy drinks.

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Advertiser: IPO

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.

Patent

JD Supra Law

OCTOBER 28, 2024

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.

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Government 111

Intepat

OCTOBER 28, 2024

Intellectual Property Rights (IPR) are crucial for fostering innovation and protecting the rights of creators and businesses. They encourage creativity by granting exclusive rights to individuals and companies to exploit their creations or inventions. In India, the IPR framework is particularly intricate when it comes to the protection of political party symbols.

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JD Supra Law

OCTOBER 28, 2024

Last week, a California jury found Phillips 66 liable for misappropriating trade secrets from Propel Fuels Inc., a low-carbon renewable fuels retailer, and awarded Propel $605 million in damages.

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IP Law 360

OCTOBER 28, 2024

A Minnesota federal judge has recused himself from a patent dispute between Teleflex and Medtronic he has handled since 2019, saying he was "at a loss" on how to proceed after the Federal Circuit faulted his interpretation of terms in Teleflex's catheter patents.

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Patent 52

JD Supra Law

OCTOBER 28, 2024

Chris Bussert recently presented at the 47th Annual ABA Forum on Franchising in Phoenix on the use of trademark and unfair competition surveys. Key takeaways from his presentation are the following.

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IP Law 360

OCTOBER 28, 2024

A new lawsuit by Oracle claims that a manager left the company for a competing venture-backed construction software tech outfit and "absconded with thousands of Oracle's trade secret[s].

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Likelihood of Confusion

OCTOBER 28, 2024

Originally posted 2013-02-06 13:58:13. Republished by Blog Post PromoterWho but the ultimate trademark pig the NFL would make unwilling third parties endorse their sponsors? Makes me want to throw a SUPER BOWL PARTY! The post The ugly side of branding appeared first on LIKELIHOOD OF CONFUSION™.

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IP Law 360

OCTOBER 28, 2024

NASA has said the U.S. Court of Federal Claims should throw out a sensor business's breach of contract suit over commercialization and licensing deals related to patented NASA technology, saying certain milestones couldn't be reached under the pact.

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Patently-O

OCTOBER 28, 2024

by Dennis Crouch In a pending petition for certiorari, the Maltese company Celanese Int'l is poised to ask the Supreme Court to resolve an important question about the scope of the AIA's on-sale bar: whether sales of products made using a secret process can bar later patent protection for that process. The issue arises from a Federal Circuit decision upholding the ITC's invalidation of Celanese's patents covering methods for manufacturing the artificial sweetener Ace-K.

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Patent 45

IP Law 360

OCTOBER 28, 2024

A lawyer for hardware manufacturer Penn Engineering & Manufacturing Corp. told a federal jury in Philadelphia on Monday that one of its competitors used performance data from Penn's products to boost its own line of parts, creating confusion among consumers.

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Trading Secrets

OCTOBER 28, 2024

With a factual background that resembles a bad Hollywood script, the most recent chapter in the ongoing dispute between former co-founder of Trilobio, Keoni Gandall (defendant), and Trilobio and his two former partners and co-founders Roya Amini-Naieni and Maximilian Schommer (plaintiffs) ended on October 17, 2024, with the court enjoining Gandall and his new company from using Trilobios trade secrets.

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IP Law 360

OCTOBER 28, 2024

The Federal Circuit on Monday upheld a Patent Trial and Appeal Board decision that several claims of a StratosAudio Inc. advertising patent are invalid, in a win for automakers Hyundai and Volkswagen, both of which have been accused of infringement.

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The IPKat

OCTOBER 28, 2024

With the end of the year rapidly approaching (including this TechieKat’s favourite holiday, the Day of the Dead), IPKat brings news of the latest IP events and opportunities! Events Liability for AI-generated outputs under copyright law. The Law, Rationalism, and Complexity and the InfoSoc Working Groups of the European University Institute will host a lecture with our very own PermKat Eleonora Rosati (Stockholm University).

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IP Law 360

OCTOBER 28, 2024

A Delaware federal judge entered a final judgment Monday ordering ChromaDex Inc. and Dartmouth College to pay $9.1 million in attorney fees to Elysium Health for making a "feeble" and failed argument defending their milk vitamin patents from an eligibility challenge.

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Patent 52

Technology & Marketing Law Blog

OCTOBER 28, 2024

In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions go too far and are procedurally and substantively unconscionable. This opinion contains enough criticism to go around, especially with respect to New Era’s policies and practices.

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IP Law 360

OCTOBER 28, 2024

Pfizer and BioNTech have urged a Delaware federal judge to reject GlaxoSmithKline's attempt to toss claims that the COVID-19 vaccine technology patents GSK is accusing them of infringing are unenforceable because of an unreasonable delay in obtaining them.

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JD Supra Law

OCTOBER 28, 2024

In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of action. Prior to the enactment of the DTSA, a large body of federal common law had developed around the remedies available to a plaintiff after a defendant allegedly misappropriated a trade secret, including the “inevitable disclosure doctrine.”.

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IP Law 360

OCTOBER 28, 2024

Microsoft and OpenAI say that concerns from news outfits over consolidating discovery in their ChatGPT copyright lawsuits are "misplaced" and call a request to schedule more depositions "wholly unnecessary.

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Copyright 52

JD Supra Law

OCTOBER 28, 2024

In Snap, Inc. v. Vidal, the Central District of California found the Trademark Trial and Appeal Board (“TTAB”) was wrong in finding that SnapChat’s SPECTACLES mark is generic for smart glasses. The district court’s opinion highlights the advantages of seeking de novo review of TTAB decisions in a district court and delves into the complexities of determining whether a mark is generic.

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IP Law 360

OCTOBER 28, 2024

An attorney for Costar urged a California federal judge Monday to reconsider a tentative ruling that would allow Realtor.com's parent company to amend a Computer Fraud and Abuse Act claim alleging its rival unlawfully accessed its computers, saying the company should be limited to arguing it suffered "technological harms.

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JD Supra Law

OCTOBER 28, 2024

According to a Gartner survey, by 2026, more than 80% of enterprises will have implemented generative AI, which will have a significant impact on their operations. The aim is to enhance overall business processes and decision-making capabilities. However, integrating AI into business operations comes with significant legal considerations that business owners must keep in mind.

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IP Law 360

OCTOBER 28, 2024

A California federal judge has said a Santa Barbara County-based polo club is entitled to $1.2 million in fees, costs and interest as part of a trademark dispute over a "Beverly Hills Polo Club" logo following arbitration.

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IP Watchdog

OCTOBER 28, 2024

The incumbent of this position serves as Chief Counsel for the National Institute of Standards and Technology (NIST). In the Office of the General Counsel (OGC), as Chief Counsel of NIST, the incumbent is responsible for developing and maintaining a NIST legal program that provides a broad range of legal services, advice and consultation to the Under Secretary of Commerce for Standards and Technology (Under Secretary), NIST and the National Technical Information Service (NTIS).

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IP Law 360

OCTOBER 28, 2024

King & Spalding LLP is expanding its business litigation team, announcing Monday it is bringing in a White & Case LLP litigator as a partner in its New York office to boost its antitrust capabilities.

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43(B)log

OCTOBER 28, 2024

Sanho Corp. v. Kaijet Technol. Int’l, 2024 WL 4553279, F.Supp.3d -, No. 1:18-cv-05385-SDG (N.D. Ga. May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. It didn’t get a chance to decide the false advertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which false advertising claims are

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