Sat.Jul 22, 2023 - Fri.Jul 28, 2023

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AI Litigation Update

Creative Law Center

Legal challenges to generative AI are on the rise. This post, an AI litigation update, is a snapshot in time looking at what is going on in two of the active cases. The post AI Litigation Update appeared first on Creative Law Center.

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Copyright and the Inveterate Diarist

Hugh Stephens Blog

I will confess to having kept a diary for many years. What started out as a way to keep track of holidays and so on became a persistent habit that I have been unable to break to this day.

Copyright 246
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What Is the TTAB?

Erik K Pelton

The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office (USPTO). Erik explains what the TTAB is, the types of cases it handles, and how it functions in this podcast. The post What Is the TTAB? appeared first on Erik M Pelton & Associates, PLLC. The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office (USPTO).

Trademark 130
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Scuttling Blackbeard’s Law

Plagiarism Today

The state of North Carolina has repealed Blackbeard's law, which claimed copyright in certain works. However, the deeper issues remain. The post Scuttling Blackbeard’s Law appeared first on Plagiarism Today.

Law 243
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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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Blue Gentian, LLC v. Tristar Prods., Inc. No. 2021-2316, 2021-2317, pending cite (Fed. Cir. June 9, 2023)

Intellectual Property Law Blog

This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi. During the meeting, Ragner showed documents detailing the manufacturing process of a collapsible hose and demonstrated a prototype of the hose.

Inventor 130
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United Therapeutics Corp. v. Liquidia Technologies, Inc. (Fed. Cir. 2023)

JD Supra Law

In earlier times, the Federal Circuit, responding to efforts by the U.S. Patent and Trademark Office to reject patent applications directed to biotechnology-related inventions, held (In re Brana) that utility of such inventions did not require demonstration of therapeutic effectiveness, those determinations being the purview of the FDA. Among other things, that apportionment of responsibilities was reaffirmed, albeit under different procedural circumstances, in the Federal Circuit's decision in

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The Current State of Detecting AI Writing

Plagiarism Today

The rush is on to reliably detect AI writing. However, the goal is getting further away and may never be reached at all. The post The Current State of Detecting AI Writing appeared first on Plagiarism Today.

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PTAB Makes Significant Changes to Director Review Process

Intellectual Property Law Blog

After considering comments from various stakeholders for nearly a year, on July 24, 2023, the USPTO issued the revised interim Director Review Process. Among other changes, the revised process now permits parties to request the Director Review on institution decisions in America Invents Act (AIA) proceedings. This is a significant expansion of the scope of director review, which allows petitioners who had no appeal options to an IPR denial to now have at least one avenue of review of an institut

Invention 130
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The IP of Everything Podcast - Episode 16 - The IP of the Metaverse

JD Supra Law

Non-Fungible Trademark? How brand owners and content creators are transitioning their trademark rights to the metaverse, the problems that come up with adapting the law and these rights to the new technology.

IP 98
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Taylor Swift’s Trademark Reputation

Erik K Pelton

In the kingdom of trademark protection, Taylor Swift is the reigning queen. Erik discusses Ms. Swift’s prolific portfolio of registered trademarks and savvy branding in this video. The post Taylor Swift’s Trademark Reputation appeared first on Erik M Pelton & Associates, PLLC. In the kingdom of trademark protection, Taylor Swift is the reigning queen.

Trademark 130
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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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3 Count: House Partied

Plagiarism Today

BET wins in case over House Party, H&M sues SHEIN in Hong Kong and news publishers are joining forces against AI. The post 3 Count: House Partied appeared first on Plagiarism Today.

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Separating Fact from Fiction in the Senate IP Subcommittee’s AI Hearing

Copyright Alliance

On July 12, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing to discuss some of the issues and possible solutions relating to copyright and generative artificial intelligence […] The post Separating Fact from Fiction in the Senate IP Subcommittee’s AI Hearing appeared first on Copyright Alliance.

IP 98
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PMPRB publishes annual Meds Pipeline Monitor report

JD Supra Law

The Patented Medicine Prices Review Board (PMPRB) recently published its Meds Pipeline Monitor 2022 report, which highlights medicines in the pipeline that may impact future clinical practice and drug spending in Canada if approved for sale.

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What Will AI Do to Trademarks?

Erik K Pelton

The following is an edited transcript of my video Will AI Change Trademarks? Let’s discuss artificial intelligence (AI) in general, and whether it’s going to affect and impact the world of trademarks, and filing and registering trademarks. Some of my attorney colleagues are up in arms, wondering if their jobs are going to be replaced by AI the next five years.

Trademark 130
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Article Spinning: Generative Writing Before Generative AI

Plagiarism Today

Nearly twenty years ago, a new technology appeared to make it easy to generate original text. Here are the lessons we didn't learn from it. The post Article Spinning: Generative Writing Before Generative AI appeared first on Plagiarism Today.

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The PTAB: China’s Silent but Deadly Weapon in Its Economic War Against America

IP Watchdog

Of the many ways that the Patent Trial and Appeal Board (PTAB) works to the detriment of the U.S. innovation economy, one of the most nefarious is the Chinese government’s use of patent validity review to advance its national interests. Recent briefing filed at the PTAB suggests that the Board is quietly helping China win the war for technological supremacy during the 21st century, mainly by destroying the economic interests of American small businesses innovating in industrial sectors critical

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CCC Enhances its Scholarly Communications Workflow Solution, RightsLink for Scientific Communications

Velocity of Content

In a recent press release , CCC announced a significant enhancement to its innovative RightsLink for Scientific Communications (RLSC) workflow solution. The new update aims to streamline and optimize the processing of OA agreements within university library consortia, which can now seamlessly process these agreements, making it easier for researchers and institutions to access vital scientific content.

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Trademark Bingo

Erik K Pelton

B-I-N-G-O … have fun with our new game board as you look for brands around you to try to complete the BINGO! The post Trademark Bingo appeared first on Erik M Pelton & Associates, PLLC.

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3 Count: Wedding Song

Plagiarism Today

YouTube ripper appeals default judgment, India clarifies copyright on playing music at weddings and Meta releases anti-piracy tools for VR. The post 3 Count: Wedding Song appeared first on Plagiarism Today.

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Sci-Hub’s Alexandra Elbakyan Receives EFF Award for Providing Access to Scientific Knowledge

TorrentFreak

There are thousands of pirate sites on the Internet but only a few will receive a permanent entry in the history books. That includes Sci-Hub. Founded by Kazakhstani computer programmer Alexandria Elbakyan, the shadow library provides free access to millions of academic publications. As such, it’s an essential tool for less privileged students and researchers around the world.

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Court of Federal Claims Dismisses Psychological Damage Claims Filed Against USPTO

IP Watchdog

On July 25, the U.S. Court of Federal Claims (CFC) issued a ruling in Pulnikova v. U.S. dismissing monetary damages claims for alleged violations of 42 U.S.C. § 1983 by patent examiners and officials at the U.S. Patent and Trademark Office (USPTO). Although the CFC expressed its sympathy for the inventor’s frustrations, including the pro se filing of “appeal-books” containing thousands of pages responding to office actions, the court added that it lacked subject matter jurisdiction to award the

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SpicyIP Tidbit: The Never-ending Jugalbandi Between The Government And Court Over Playing Of Music In Marriage Related Events!

SpicyIP

Image by Freepik The DPIIT, recently issued a public notice regarding collection of royalties by copyright societies for playing of music in marriage functions under Section 52(1)(za) of the Copyright Act 1957 (Provision). Citing the Provision it directed the copyright societies to refrain from acting in contravention to the Provision. But this is not the first time the executive has issued such a clarification.

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3 Count: Louis Vuitton Song

Plagiarism Today

Judge dismisses case against AI image systems, Louis Vuitton accused of music infringement and new survey looks at piracy in Russia. The post 3 Count: Louis Vuitton Song appeared first on Plagiarism Today.

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Friends of the court, friends of the First Amendment

Likelihood of Confusion

The approved and publishable amicus briefs in the appeal regarding the trademark registration of THE SLANTS are trickling in. Certainly interesting to see who is saying what. So far, they. The post Friends of the court, friends of the First Amendment appeared first on LIKELIHOOD OF CONFUSION™.

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USIJ White Paper Shows How High-Profile PTAB Cases Could Have Panned Out Under PREVAIL Act

IP Watchdog

The Alliance of U.S. Startups and Inventors for Jobs (USIJ) published a White Paper this week applauding the introduction of the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, which was introduced in June. As part of the paper, USIJ presented four case studies demonstrating how some high-profile Patent Trial and Appeal Board (PTAB) cases might have played out if the bill’s provisions had already been in force.

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[Sponsored] NLU Delhi IPR Chair Invites Applications for the Position of Research Assistant (Law) [Apply by August 05]

SpicyIP

We are pleased to inform you that the Chair on Intellectual Property Rights, National Law University, Delhi is inviting applications for the position of Research Assistant (Law). The last date to apply is August 05, 2023. For more detail please read the announcement below. Image from here Call for Applications – Research Assistant (Law) National Law University, Delhi (“University”) is seeking to engage, on a contractual basis, one full-time Research Assistant (Law) for Chair on Intel

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3 Count: Quad 9 Injunction

Plagiarism Today

Oracle wins key victory against Rimini Street, South Korean music org fined for unfair practices and Quad9 blocks pirate site globally. The post 3 Count: Quad 9 Injunction appeared first on Plagiarism Today.

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Fireworks over the First Amendment

Likelihood of Confusion

At least I hope so. Here are two briefs I filed on behalf of four fireworks companies in New York that have been put out of business under the rubric. The post Fireworks over the First Amendment appeared first on LIKELIHOOD OF CONFUSION™.

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CAFC Affirms Mixed Ruling on Pulmonary Hypertension Drug Patent, Noting ‘Safety and Efficacy’ is for FDA

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday issued a precedential decision affirming a district court’s mixed ruling in a patent infringement case involving two patents owned by United Therapeutics on the pulmonary hypertension drug, Tyvaso. U.S. Patent 10,716,793 and U.S. Patent 9,593,066 cover methods of treating pulmonary hypertension and pharmaceutical compositions comprising treprostinil—Tyvaso is an inhaled solution formulation of treprostinil.

Patent 98
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[Sponsored] SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (July 31-October 31) [Register by August 31]

SpicyIP

We’re pleased to inform you that a free online course on intellectual property starting on July 31, 2023 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Associate Professor of Law, in charge of the SPRIHA IPR Chair at National Law University, Delhi. For further details, please see the announcement below: Image from here Join SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi Title SWAYAM (Free) Online Course on ‘Intellectual Property’ About

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Can You Use Color Drawings or Photographs in Utility Patent Applications?

JD Supra Law

Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs? The answer is YES! if a petition is granted explaining why the color drawings or photographs are necessary for illustrating the claimed invention.

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A Single Emoji Could Constitute Securities Fraud–In re Bed Bath & Beyond

Technology & Marketing Law Blog

This case involves Ryan Cohen, who made a fortune running Chewy.com and then switched his interests to meme stocks. He bought a 9% interest in the failing retailer Bed Bath and Beyond, hyped the stock, and then liquidated his position, pocketing $68M in profits. BBB stockholders sued him for securities law violations. In particular, in response to a negative story about BBB, Cohen tweeted: If you don’t recognize the emoji, it’s the “ full moon face ” emoji.

Law 95
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New EPO Unitary Patent Dashboard Shows 5,000+ Requests Since Launch

IP Watchdog

The European Patent Office (EPO) today launched a dashboard on Unitary Patents, which will be updated daily and breaks down data on requests for Unitary Patents by technology field, country of origin, language of translation, proprietors’ profile and status of registration. According to an EPO press release, there have been 670 requests filed on average per week since the Unitary Patent went into effect on June 1, “demonstrating high interest in the new system.

Patent 98
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Artificial Intelligence and IP: A Literature Review

SpicyIP

With a plethora of developments and discussions on AI and AI based innovations, almost everyone has an opinion on how it should develop! While there are a number of aspects covered by “Artificial Intelligence”, ranging from definitions to scope, from life-saving to life-threatening, there has been surprisingly limited public policy discussion on the intersection of AI and IP in India.

IP 98
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Culture Lobby Groups Call on Government to Open Door to CRTC Regulation of Video Games, User Content and Algorithms Under Bill C-11 Implementation

Michael Geist

Bill C-11 may have receded into the background of CRTC consultations and government policy directions, but Canadians concerned with user content, video game and algorithmic regulation would do well to pay attention. Lobby groups that fought for the inclusion of user content regulation in the bill have now turned their attention to the regulatory process and are seeking to undo government assurances that each of those issues – user content, algorithms and even video games – would fall