Wed.Nov 08, 2023

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3 Count: Top Gun Summary

Plagiarism Today

Paramount continues to battle Top Gun case, FTC files AI comments with the Copyright Office and Lynn Goldsmith details legal fight costs. The post 3 Count: Top Gun Summary appeared first on Plagiarism Today.

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FBI & Austria’s C4 Hit Z-Library With a Massive New Wave of Domain Seizures

TorrentFreak

This week marks the one-year anniversary of the United States government’s crackdown on Z-Library , one of the world’s largest shadow libraries. With legal proceedings underway in the United States, authorities have not given up trying to take Z-Library down. One of the site’s primary login domains, singlelogin.me, was seized alongside other domains early May this year.

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Plagiarism in Pop Culture: Bob’s Burgers

Plagiarism Today

Bob Belcher may be best known as a nice, polite every man. But what happens when he becomes the victim of plagiarism by Jimmy Pesto? The post Plagiarism in Pop Culture: Bob’s Burgers appeared first on Plagiarism Today.

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Senate IP Subcommittee Mulls PREVAIL Act Proposals for PTAB Reform

IP Watchdog

The Senate Subcommittee on Intellectual Property held a hearing today featuring witnesses who weighed in on the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, which was introduced in June by Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL) and Mazie Hirono (D-HI). Today’s was the sixth hearing of the IP Subcommittee this year.

IP 111
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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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FTC Takes Up the Battle Against Improper Orange Book Patent Listings

JD Supra Law

Attempting to put some teeth into the policy statement that it issued last month, the FTC sent letters to 10 pharmaceutical companies, asserting that their listing of over 100 patents in FDA's Orange Book for a variety of products is improper.

Patent 84
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Overview of the S. 3 landscape on patenting biotechnology inventions in India

SpicyIP

[This post has been co-authored with Rahul Bajaj. All views expressed are personal]. Market dynamics in the health and innovation space are making the biotech and life sciences sector an industry to watch out for. Trends such as the association of AI with life sciences, the growth of start-ups / non-traditional companies investing in life sciences, reduced spending on small molecule-drugs and promising new biotech treatments, indicate that windows of opportunity for investment in this sector are

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Finding Focus: Strategies For Attorneys With ADHD

IP Law 360

Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

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[Video] Intellectual Property In Department of Defense Contracting

JD Supra Law

QUESTIONS COVERED IN THIS WEBINAR What are the main types of intellectual property (patents, copyrights, trademarks, and trade secrets), and what distinguishes each one? How does the Department of Defense's policy impact the acquisition of data and software rights? What is the difference in acquisition and handling of commercial versus non-commercial items, specifically in relation to technical data and computer software?

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Dish Network Faces Patent Suit Over Ad-Skipping Tech

IP Law 360

Dish Network has been accused in a federal lawsuit of infringing two patents about skipping commercials with its line of Hopper brand digital video recorder devices.

Patent 75
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Trade Secrets Claim Against Company Not Severable From Claim Against Employee, Appeals Court Finds

JD Supra Law

A California semiconductor manufacturer cannot pursue in court its claims of trade secret misappropriation against a rival company while simultaneously arbitrating the same claims against the allegedly larcenous employee, a state appeals court recently found. In Mattson Technology, Inc. v. Applied Materials, Inc., a California Court of Appeal ruled that the trial court erred by not staying Applied Materials’ trade secret misappropriation claims against rival Mattson Technology while Applied.

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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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Which of These Three Section 2(d) Refusals Was/Were Reversed?

The TTABlog

Here are three recent appeals from Section 2(d) refusals. At least one of the refusals was reversed. How do you think these came out? Answers will be found in the first comment. In re Total Tax Experience, LLC , Serial No. 90502524 (November 6, 2023) [not precedential] (Opinion by Judge Karen S. Kuhlke). [Section 2(d) refusal of THE TAX COP for "a series of printed books, printed articles, printed handouts and printed worksheets in the field of tax planning, tax strategy, and tax relief; Printed

Designs 67
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Fair Use Is Objective Inquiry Into Use of Original Work, Not Subjective Intent of User or Expression

JD Supra Law

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held, in a 7-2 decision, that the Andy Warhol Foundation for the Visual Arts (AWF) infringed photographer Lynn Goldsmith’s copyright when it sold the right to use one of Andy Warhol’s images of Prince to Condé Nast without authorization from Goldsmith.

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How Cos. Can Protect Privacy In The Age Of AI

IP Law 360

The rapidly developing landscape of generative AI and the related legal and regulatory concerns means that what is compliant today may not be tomorrow, and companies must take a pragmatic approach to compliance that anticipates future legal changes, say attorneys at Goodwin.

Privacy 64
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Andersen Plaintiffs Will Need to Amend Their Complaint Against Stability AI, Judge Rules

JD Supra Law

On Oct. 30, Judge William Orrick of the U.S. District Court for the Northern District of California largely sided with defendants Stability AI, DeviantArt and Midjourney in the generative AI-copyright infringement suit brought by a trio of artists. Judge Orrick found plaintiffs’ complaint “defective in numerous aspects” and gave plaintiffs leave to amend “to provide clarity regarding their theories of how each defendant separately violated their copyrights, removed or altered their copyright.

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Patent Center Delay—Good Start, or More Entrenched, Magical Thinking?

IP Watchdog

The U.S. Patent and Trademark Office’s (USPTO’s) delay in retiring EFS-Web and Patent Center is welcome news. But my fear is the announcement could be just another display of the magical thinking, disregard of engineering and legal process, and deafness to stakeholder input that has been the hallmark of the USPTO’s software processes.

Patent 59
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SEP Negotiations: The Importance of Being Will(ing)

JD Supra Law

More and more, when negotiating licenses for standard essential patents (SEPs) on fair, reasonable, and non-disciminatory (FRAND) terms, there has been an increased emphasis on the idea of a “willing" licensor or licensee. Indeed, being unwilling now has tangible repercussions.

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CAFC Says Lack of Concrete Plans to Market Eye Treatment Dooms Allgenesis Appeal

IP Watchdog

On November 7, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC, dismissing Allgenesis’ appeal after an unsuccessful challenge to Cloudbreak’s patent claims at the Patent Trial and Appeal Board (PTAB). The Federal Circuit ruled that Allgenesis lacked Article III standing to bring the appeal for failing to establish an injury in fact stemming from potential infringement liability or the impac

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Use Open Families to Combat Design-Arounds

JD Supra Law

A perennial challenge in patenting is to both cover your product and block design-arounds. It is understandably frustrating to incur the expense and disclosure requirements of the patent process only to find that a competitor is fielding a product just outside the scope of your claims. The competitor may have even carefully studied and actively designed around the claims.

Designs 62
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Journey Through “Octobers” on SpicyIP (2005 – Present) 

SpicyIP

Image from here As October passed, Halloween festivities and the Day of the Dead provided a backdrop for contemplating the past. After all, reflecting on what’s passed helps us anticipate what’s ahead. This brings me to my Octobers’ sift – a sift that yielded some sinuous ​​IP stories. Those who haven’t checked our Sifting Through SpicyIP Pages series yet, can check SpicyIP Flashbacks and see what we found thus far while journeying through the months of Junes , Julys , Augusts , and

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The Blue Turf of Boise State: On “Service” Dress and the Creation of Source Identification

JD Supra Law

As we’ve written about in prior posts, it’s possible under U.S. trademark law for distinctive visual element(s) to become a trademark, i.e., an identifier of source for a particular party’s goods or services.

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Trouble for Ozempic

Biswajit Sarkar Copyright Blog

Novo Nordisk’s Ozempic, also known as semaglutide, is a drug generally used to treat type-2 diabetes. However, the market for Ozempic is facing major shortages in supply globally due to its off-label use. The drug has gone viral over social media due to its side effect- weight loss. Amidst all this, the legal state of Ozempic has been looking glum with it facing patent disputes and also, a rising issue involving its counterfeits.

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When Disclosure Isn't Disclosure

JD Supra Law

A patent challenger identified a witness as a person with relevant knowledge in Rule 26(a) disclosures and interrogatory responses, and the patentee deposed the witness. Surely the witness can testify at trial, right? The answer: not as to the challenger's prior use anticipation defense.

Patent 62
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SoCal IP Law Institute MCLE meeting of November 13, 2023 – discussing the copyright law behind Taylor Swift’s masters controversy

CoCal IP Law Institute

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why. She says she [.

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4 Key Takeaways - Major U.S. Supreme Court Trademark and Copyright Decisions

JD Supra Law

Kilpatrick Townsend partner Ted Davis spoke recently at the annual meeting of the Intellectual Property Institute of Canada concerning recent trademark decisions of the Supreme Court of the United States. Please see full article below for more information.

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Transparency, Injunctions Dominate SEP Feedback

IP Law 360

Amazon, Cisco, Dell, Microsoft and other major companies told a trio of federal agencies that the global licensing system for standard-essential patents lacks transparency needed to evaluate whether a license offer is fair, reasonable and nondiscriminatory.

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Significant Roadblocks for Plaintiffs in Generative Artificial Intelligence Lawsuit: California Judge Dismisses Most Claims Against AI Developers in Andersen v. Stability AI

LexBlog IP

By Angela Dunning and Lindsay Harris. [1] Note , Cleary Gottlieb represents Midjourney in this matter. On October 30, 2023, U.S. District Judge William Orrick of the Northern District of California issued an Order [2] largely dismissing without prejudice the claims brought by artists Sarah Andersen, Kelly McKernan and Karla Ortiz in a proposed class action lawsuit against artificial intelligence (“AI”) companies Stability AI, Inc., Stability AI Ltd.

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The ‘Lead Compound’ Rule: Problems and More Problems

IP Watchdog

On August 22, 2023, the U.S. Court of Appeals for the Federal Circuit issued yet another decision reinforcing what can only be described as the “lead compound” rule for challenging pharmaceutical and other chemical compound patents on the basis of obviousness. The Federal Circuit has been utilizing the “lead compound” construct since around 2000. The Sun panel cited an earlier decision which couched the construct as something the court “ordinarily” employs.

Patent 52
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Workflow of the Future: Focus on the User

Velocity of Content

Fast, efficient, and easy access to standards in the user’s workflow has never been more important. Our next event, Workflow of the Future: Focus on the User on  9 November at 10 AM EST  looks at the needs of the standards user and what is being done to address those needs.   We will be joined by  Phil Ham , Director of Customer Success at Standards Digital   and  Alton Sanders , Senior Project Engineer at Boeing ,  in a session moderated by Jonathan Clark, as they discuss how the changin

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Have You Properly Locked Your Domain Portfolio?

Corsearch

If you are running an online business, you are using a domain name. Your domain name is the backbone of your digital presence. It’s one of the most important things for your visitors to know and remember, and it’s a critical component of your omnichannel marketing strategy. However, there are a few things that can be disruptive or destructive to your brand like bad actors stealing your company’s domain name and doing with it whatever they wish.

Music 52
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Senate Judiciary To Discuss Prevail Act

LexBlog IP

Controversial Proposals Given Air Time at Year End The U.S Senate Judiciary Committee will hold a hearing today entitled: “ Reforming the Patent Trial and Appeal Board – The PREVAIL Act and Proposals to Promote U.S. Innovation Leadership.” The hearing appears to be an effort to engender perception that the Prevail Act has some level of traction on the Hill.

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TTABlog Celebrates 19th Anniversary!

The TTABlog

When I started this blog in 2004, I never dreamed it would still be going strong (more or less) nineteen years later. Eighteen maybe, but not nineteen. The TTABlog debuted on November 8, 2004, with a post entitled "Leo Stoller Loses Again." (here ). Remember him? Here we are, over 5,300 blog posts and 15,000 "tweets" later. Thank you all for reading!

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Dell Fights For Patent Owner To Cover Fees In 'Frivolous' Suit

IP Law 360

Dell has urged U.S. District Judge Alan Albright to reject a patent owner's request to drop infringement claims against the technology company with each side covering its own fees and costs, saying the patent owner should have to cover Dell's fees and costs for drawing out the allegedly frivolous case.

Patent 45
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Federal Circuit Vacates PTAB’s Decision Based on an Overly Narrow Claim Construction

Intellectual Property Law Blog

In Apple Inc. v. Corephotonics, LTD. , the court addressed two final written decisions in inter partes review (“IPR”) proceedings and in particular (1) whether the Patent Trial and Appeal Board’s (“PTAB” or “Board”) claim construction is correct when the intrinsic evidence supports a different construction and relatedly whether the PTAB’s first final written decision relying on its claim construction should be vacated and remanded and (2) whether, in the second final written decision, the PTAB’s

Invention 264
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Google Wins PTAB Invalidation On Voice-Command Patent

IP Law 360

The Patent Trial and Appeal Board has found in Google LLC's favor that all claims in a patent for a voice-based information system are invalid, a setback for Parus Holdings Inc. as the two companies battle over patent infringement in California district court.

Patent 45
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Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

Intellectual Property Law Blog

In Great Concepts, LLC, v. Chutter, Inc. , the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark. Background Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No. 2929764 (the “’764 Mark”), for a restaurant.