Tue.Jul 11, 2023

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International Regulation of AI Development and Application: Is it Feasible?

Hugh Stephens Blog

It seems that every day a new report emerges regarding concerns with artificial intelligence (AI) and how it will likely impact our lives. There have been dire suggestions that unless something is done, one day AI will take over, resulting in the end of humanity. There have equally been suggestions that, as with other technological … Continue reading "International Regulation of AI Development and Application: Is it Feasible?

Reporting 240
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Studying Plagiarism to Understand Radicalization

Plagiarism Today

In a bid to learn about radicalization, two researchers performed a plagiarism analysis on an infamous person's manifesto. The post Studying Plagiarism to Understand Radicalization appeared first on Plagiarism Today.

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What is Trade Secret Protection?

Erik K Pelton

When we think of intellectual property, we often think of trademarks, copyrights, and patents. Trade secrets (think Coca-Cola recipe, WD-40 blend, and Google algorithm) are also considered intellectual property and are protected as such, with some key differences. Erik provides more detail in this podcast. The post What is Trade Secret Protection? appeared first on Erik M Pelton & Associates, PLLC.

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3 Count: DaBaby DaDismissed

Plagiarism Today

DaBaby dismissed from Levitating lawsuit, large Spanish-language pirate site closed, and YouTube Content ID is busier than ever. The post 3 Count: DaBaby DaDismissed appeared first on Plagiarism Today.

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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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The Value of a Trademark Attorney is Supported by Data

Erik K Pelton

The following is an edited transcript of my video Data Demonstrates the Value of a Trademark Attorney. A recent study titled A Tale of Four Decades, Lessons from the USPTO Trademark Prosecution Data by Deborah Gerhardt and Jon Lee, dives deep into data from the USPTO and shows some of the history of relevant data about trademark applications and registrations over the last four decades (1981-2020).

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C4IP Report Urges Pro-IP Rights Agenda to Counteract U.S. Innovation Stagnation

IP Watchdog

On July 11, the Council for Innovation Promotion (C4IP), released a policy report advocating for a pro-innovation legislative and administrative agenda to counteract a series of shocks to the U.S. patent system over the past two decades. This pro-innovation agenda has the direct support of several C4IP members who formerly held high-ranking government positions and are now calling on the federal government to correct several areas of patent law that have improperly tilted the playing field in fa

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Retired DC Circ. Judge To Mediate Judge Newman Case

IP Law 360

Federal Circuit Judge Pauline Newman and the court's judicial council have been ordered to mediate their dispute over whether the 96-year-old Judge Newman is still competent to remain on the bench, offering a possible off-ramp for bitter litigation over a sensitive topic that's generally discussed only behind closed doors.

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ACE Shuts Down Another ‘Cuevana’ But the Whac-a-Mole Persists

TorrentFreak

If we didn’t know better, we might conclude that ‘Cuevana’ is Spanish for ‘mole’ The popular streaming piracy brand first appeared on the radar in 2009 and anti-piracy forces have been trying to ‘whack’ it ever since. The original Cuevana site was founded by Tomas Escobar , at the time an engineering student in Cordoba, Argentina.

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Authors Sue OpenAI for Copyright Infringement

JD Supra Law

A class action lawsuit was recently filed in San Francisco federal court, alleging that OpenAI’s ChatGPT tool “relied on harvesting mass quantities” of copyright-protected works without permission. The plaintiffs are led by authors Paul Tremblay and Mona Awad. Tremblay wrote the novel The Cabin at the End of the World, which was adapted by M. Night Shyamalan into the movie Knock at the Cabin.

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Google Accused Of 'Putting World At Peril' Chasing AI Profits

IP Law 360

Google is "secretly stealing everything ever created and shared on the internet by hundreds of millions of Americans" to build its Bard artificial intelligence product, pursuing profit while "putting the world at peril with untested and volatile AI," according to a proposed class action filed Tuesday in California federal court.

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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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Podcast: A Panel Discussion about Music Licensing, Royalties, and AI [More with McGlinchey, Ep. 56]

JD Supra Law

In today’s digital economy, exactly how are musicians, songwriters, and other music industry players paid? And what impact will emerging technologies have on those payment streams? In this episode, Hillel Frankel hosts a panel discussion about the current status of music licensing with guests Chris Allen from Stem Distribution and Nathan Osher of the Mechanical Licensing Collective.

Music 75
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$10 Transfers Would Raise Any Jurist's Eyebrow, Judge Says

IP Law 360

An Illinois federal judge said Tuesday that a farm equipment company could look deeper into a rival's potentially fraudulent $10 property transfers, which followed the rival's $12 million patent infringement trial loss, saying she delayed entering judgment as a courtesy but "will be loath" to ever do it again.

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Professor McCarthy: "Some Thoughts on the Supreme Court Jack Daniel's Case"

The TTABlog

Professor J. Thomas McCarthy shares his thoughts (below) on the Supreme Court's "Bad Spaniels" decision (pdf here ), in the hope of stimulating discussion (in the comments) as to what readers think will be the impact of the case on the use of marks in "expressive" works. As you will recall, the Court vacated the decision of the U.S. Court of Appeals for the Ninth Circuit that had deemed the "Bad Spaniels" dog toy immune to claims of infringement and dilution of various Jack Daniel’s trademarks.

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Bar Score Is Best Hiring Metric Post-Affirmative Action

IP Law 360

After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

Law 75
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Newman and Moore Agree to Mediation in District Court Case

IP Watchdog

According to an Order filed today by Judge Christopher Cooper of the U.S. District Court for the District of Columbia, Retired Judge Thomas Griffith will informally mediate with the parties in the case brought by Judge Pauline Newman against the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) Special Committee that is investigating the question of her competence to continue serving on the court.

IP 64
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Sirius Beats Patent Case Over German Satellite Radio Tech

IP Law 360

Following "eventful discovery," a Delaware federal court has decided a German research foundation that developed improvements to satellite radio broadcasting in the mid-1990s waited too long to bring a suit and therefore does not actually have a patent case against the satellite radio giant Sirius XM.

Patent 75
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Continuously Moving Assembly Line—Speed, Work Content, and Length

Christopher Roser

This second post on continuously moving assembly lines will look at the math behind the correlation between the speed of the line (line takt or customer takt), the length of the line, and the amount of work that has to be done on the line. Luckily, the calculations are not very tricky. And, different from. Read more The post Continuously Moving Assembly Line—Speed, Work Content, and Length first appeared on AllAboutLean.com.

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False Ad Snapshot Shows Risks Of Geographic Origin Claims

IP Law 360

A look at recent and historical cases involving deceptive use of geographic origin descriptors show that companies proclaiming they are American, but that sell products originating from outside the U.S., could be at risk under unfair competition laws or Federal Trade Commission enforcement, say attorneys at Carlson Gaskey.

Law 75
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Amazon Isn’t Liable for Selling Suicide “Kits”—McCarthy v. Amazon

Technology & Marketing Law Blog

Speedpera, CC BY 4.0, via Wikimedia Commons This case involves the tragic suicide of two teenagers, both of whom died by consuming sodium nitrite they purchased from a third-party Amazon merchant (Loudwolf). Sodium nitrite has several socially beneficial commercial uses , including being used (in small quantities) as a food preservative and an antidote to cyanide poisoning.

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Never Too Late: If you missed the IPKat last week!

The IPKat

Here’s what you missed from the IPKat last week. Patents Henry Yang released the second part of his analysis on the Interdigital v Lenovo FRAND judgement. The analysis focused especially on the Judge’s observation that InterDigital’s practice of heavy discounting for the past was due to two factors: the influence of limitation periods and the difficulty in recovering damages for infringement in many countries.

Art 57
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BREAKING: Illumina Hit With €432M Fine For Closing Grail Deal Without EU OK

IP Law 360

European Union antitrust officials fined Illumina €432 million ($476.4 million) Wednesday for closing its reacquisition of cancer detection company Grail while the bloc's authorities were still probing the beleaguered deal.

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Interesting Patents | Snap Inc. Unveils a Game-Changer in Image Processing

LexBlog IP

Interesting Patents | Snap Inc. Unveils a Game-Changer in Image Processing by Jaime Chandra The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.

Patent 52
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IRS Memo May Deter Athlete NIL Orgs From Going Nonprofit

IP Law 360

Organizations paying college athletes for use of their names, images and likenesses may be less likely to seek tax-exempt status from the Internal Revenue Service following an agency legal memo generally disputing the appropriateness of exemption for such entities.

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Schrute Farms Trademark Offers Hope for Potential Spinoff

LexBlog IP

IPNews® – Many considered NBC’s The Office to be one of the best TV shows of all time. As the show’s run began to wind down, there was talk of a spinoff starring the character Dwight Schrute. Some recent trademark filings by NBC are likely to get the spinoff speculation back into high gear.

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Ex-USPTO Head, Ex-Fed. Circ. Judge Join Sullivan & Cromwell

IP Law 360

Sullivan & Cromwell LLP has deepened the strength of its intellectual property bench with the addition of a former director of the U.S. Patent and Trademark Office and a former Federal Circuit judge, adding a wealth of experience to teams on both the East and West coasts.

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Latest Federal Court Cases - July 2023 #2

JD Supra Law

Inguran, LLC v. ABS Global, Inc., Appeal No. 2022-1385 (Fed. Cir. July 5, 2023) In its only precedential patent opinion this week, the Federal Circuit held that a lawsuit was not precluded by res judicata based on an earlier judgment. The case turned on whether a judgment for an ongoing royalty of direct infringement claims was res judicata as to a later infringement case alleging induced infringement by the same party of the same claims.

Patent 52
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How To Register a Trademark

Patent Trademark Blog

How do you register a trademark successfully? Anyone can file a trademark application with the USPTO. You might have filed one yourself. The challenge is not in filling out a USPTO online trademark form, but in doing the pre-filing due diligence necessary to ensure a smoother examination process. In other words, what you do before filing a trademark application will significantly impact whether or not you can register your trademark.

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Federal Circuit Underscores the Importance of Complying With PTAB Procedural Rules in Parus Holdings v. Google

JD Supra Law

The Federal Circuit’s recent precedential decision in Parus Holdings v. Google underscores the importance of complying with the PTAB’s procedural rules in an IPR and the potentially serious consequences of not doing so. The specific PTAB rule at issue in Parus was 37 C.F.R. § 42.6(a)(3), which prohibits incorporating arguments by reference from another document.

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Superior to lump of coal: Blawg Review Awards 2006

Likelihood of Confusion

“It’s a new tradition on the last Monday of each year for an anonymous editor to announce the Blawg Review Awards for the best law blogs in numerous categories.” This. The post Superior to lump of coal: Blawg Review Awards 2006 appeared first on LIKELIHOOD OF CONFUSION™.

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Not All Documents Labeled Confidential Actually Are: Texas Jury Finds $23M Trade Secret Case Was Brought in Bad Faith

JD Supra Law

On May 31, 2023, a Harris County Texas District Court jury found a telecom company acted in bad faith by filing a $23 million trade secret misappropriation lawsuit against a rival where the underlying technology was found to not actually be a trade secret.

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83% of Europeans Believe Buying Counterfeits Supports Bad Behavior; 65% Say it Can be Acceptable

IP Close Up

A recently published European IP Office survey of intellectual property awareness examining attitudes towards IP rights, finds a majority of people understand the concept of Continue reading

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Celebrating World Population Day – and Supporting Evidence-Based Policymaking Worldwide for Over 65 Years

U.S. Department of Commerce

Celebrating World Population Day – and Supporting Evidence-Based Policymaking Worldwide for Over 65 Years July 11, 2023 KCPullen@doc.gov Tue, 07/11/2023 - 10:11 Population statistics Post by Robert Santos We live in a global society. It’s been that way for a while, even as we continue to see ourselves and our lives through the geographic parochial lens of our choosing.

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Do names convey a clear and specific concept?

The IPKat

Names are a classic type of trade marks. But do they convey a concept that allows a conceptual comparison and can they counteract visual and phonetic similarities between trade marks? These are open issues in EU case law. The General Court dealt with both questions in its decisions in cases T-197/22 and T-198/22 concerning the first name ‘Eva’. Background Ioulia and Irene Tseti Pharmaceutical Laboratories SA (‘Tseti’) applied for registration of the following two EU trade marks: No. 018127265 (‘

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Iancu and O’Malley Head to Sullivan & Cromwell

IP Watchdog

Former U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu and retired U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Kathleen O’Malley are joining the law firm of Sullivan & Cromwell in Los Angeles and Washington, DC, respectively. Both O’Malley and Iancu are presently with Irell & Manella. The two are also members of the Council for Innovation Promotion (C4IP)—Iancu is Chairman of the Board and O’Malley is a Board Member.

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PTAB/USPTO Update - July 2023

JD Supra Law

On June 7, the USPTO released its 2022-2026 Strategic Plan. According to the USPTO, the new plan outlines the USPTO's mission-focused strategic goals, which are: (1) driving inclusive U.S. innovation and global competitiveness; (2) promoting the efficient delivery of reliable intellectual property (IP) rights; (3) promoting the protection of IP against new and persistent threats (4) bringing innovation to impact for the public good; and (5) generating impactful employee and customer experiences.