Sat.Mar 01, 2025 - Fri.Mar 07, 2025

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The Impact of Prosecution Length on Invalidity Outcomes in Patent Litigation

JD Supra Law

This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Many practitioners would hypothesize that a patent with a longer prosecution history will be less likely to have an inherent validity problem.

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Using Copyrighted Content to Train AI: Can Licensing Bridge the Gap?

Hugh Stephens Blog

Image: Shutterstock The struggle between authors (writers, artists, musicians) and AI developers over the unauthorized and uncompensated use of copyrighted works to train AI applications continues, both in the courts (here is a summary of the current state of play in the US where most of the litigation is taking place) and in the political … Continue reading "Using Copyrighted Content to Train AI: Can Licensing Bridge the Gap?

Licensing 227
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25 Ways to Use Your Trademark

Erik K Pelton

The following is an edited transcript of my video 25 Ways to Use Your Trademark. There are so many ways one can use their brand’s trademark. Here are 25 common ways to use one: Website Letterhead Business cards Note cards Refrigerator magnets Email signature Building sign or awning Lighting Stickers or temporary tattoos Trade show banners / displays Product placements in TV and film Opening scene of a video Social media profiles Domain name registrations App icon Shirts Coffee mugs Pens an

Trademark 130
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Does AI Cause Students to Plagiarize?

Plagiarism Today

A new study from the University of the Basque Country examines whether student usage of AI leads to plagiarism. The post Does AI Cause Students to Plagiarize? 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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Open Source Artificial Intelligence Definition 1.0 – A “take it or leave it” approach for open source AI systems?

Kluwer Copyright Blog

Photo by Luke Southern from Unsplash Background This blog post follows a previous post that discussed what constitutes open source AI, in particular in light of the EU AI Act. This post continues the discussion, in particular in light of the revision of the Open Source AI Definition (OSAID) released at the end of 2024, a welcome step in clarifying and unifying this definition.

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Deepfakes and Personality Rights: The Need for codifying Personality Rights.

IP and Legal Filings

The proliferation of deepfake technology has posed significant challenges to the protection of individual identity and reputation and the recent incidents of INDIA TV and Medanta hospitals trademark infringement and deepfaked potrayals have once again re-surfaced this issue. Deepfakes, capable of mimicking a person’s likeness and voice with near-perfect accuracy, have transcended their initial novelty to become potent tools for misinformation, deception, and exploitation.

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Turnitin Announces Clarity, Aim to Make Student Writing More Transparent

Plagiarism Today

Turnitin has announced Clarity, a new writing environment aimed at helping detect and prevent AI misuse. So why does it come with AI tools? The post Turnitin Announces Clarity, Aim to Make Student Writing More Transparent appeared first on Plagiarism Today.

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Federal Circuit Affirms Partial Win for Patent Owner Against Apple

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today in a precedential decision upheld a mixed Patent Trial and Appeal Board (PTAB) ruling that found some claims of Gesture Technologys patent on camera sensing technology for handheld gaming and other devices to be unpatentable, but others not proven unpatentable. The inter partes review (IPR) was brought by Apple, Inc., which appealed the Boards partial finding of unpatentability.

Patent 81
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[Audio] Bridging the Gap: How CivicReach is Revolutionizing Government Customer Service

JD Supra Law

What if AI could transform your frustrating interactions with local government into seamless, efficient experiences? In this episode of Founder Shares, Chip Kennedy, founder and CEO of CivicReach, shares how his voice AI platform is revolutionizing government customer service by acting as a well-trained intern for local agencies. Chip discusses how CivicReach addresses common frustrations like long hold times and bureaucratic inefficiencies, all while ensuring responsible AI practices that.

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SpicyIP Weekly Review (February 24 – March 2)

SpicyIP

Keep up with the ever changing world of IP with SpicyIPs Weekly Review! A quick glance at last week analysis of a Delhi HC judgment on the patentability of genetically modified salmonella bacteria, a look at the Philips DVD Case where the Court imposed heavy damages and costs, and a post-grant opposition leading to a revocation of Optimus Linelizoid patent.

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

The IPKat

IPKat's Weekly Legal Digest: Don't Miss Out! Patents and SPCs Rose Hughes reviewed the capabilities and limitations of AI-powered software designed to assist in patent drafting. Katfriend Paul England (Taylor Wessing) discussed the current state of Supplementary Protection Certificates (SPCs) in the UK, questioning whether the system needs reform, by reviewing the recent English Court of Appeal decision in Merck Serono SA v Comptroller-General of Patents, Designs, and Trade Mark s [2025] EWCA Ci

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3 Count: Epic Darkness

Plagiarism Today

Dark and Darker removed from Epic Games Store, ASCAP sues several bars and restaurants, and songwriter refiles lawsuit against Taylor Swift. The post 3 Count: Epic Darkness appeared first on Plagiarism Today.

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Trademarks and Generative AI 101

JD Supra Law

With the rise of generative artificial intelligence (GenAI), many are wondering how it will affect intellectual property law. While much has been written on the subject of copyright law and the numerous gray areas that will need to be addressed by the U.S. Copyright Office, Congress, and the courts in the next decade fortunately, the application of GenAI to trademark law is more straight-forward.

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Amazon Owns Your E-Books and Wants More

SpicyIP

In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fair use doctrine, and the future of ebooks in this guest post. Arnav is a 3rd Year Law student from Rajiv Gandhi National University of Law, Punjab.

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To infinity and beyond! The sufficiency requirements for open-ended ranges (T 1977/22)

The IPKat

The recent Board of Appeal decision in T 1977/22 related to the patentability of claims defining subject matter with open-ended parameter ranges. The question before the Board of Appeal was whether a claimed open range, and its numerically infinite scope, could ever be said to be sufficiently disclosed ( Article 83 EPC ). The Board of Appeal rejected the argument that all open-ended ranges are inherently insufficient.

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3 Count: Fire Flower Power

Plagiarism Today

Moana director takes stand in copyright case, Ex-OpenAI researchers subpoenaed and Nintendo wins big in French file-sharing case. The post 3 Count: Fire Flower Power appeared first on Plagiarism Today.

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The Federal Circuit Tackles the Role of Expert Opinions in Patent Damages in EcoFactor Inc. v. Google, LLC

JD Supra Law

The Federal Circuit rarely decides cases en banc. For example, in 2024, the Court only heard one en banc case. Stunningly, on September 25, 2024, the Federal Circuit granted Googles petition for rehearing en banc in the case EcoFactor Inc. v. Google LLC. The re-hearing, which is scheduled to take place on March 13, will be focused on the issue of whether the district court[] adhere[d] to Federal Rule of Evidence [(FRE)] 702 and Daubert v.

Patent 63
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MPA Awards U.S. Lawmakers for Their Anti-Piracy Efforts

TorrentFreak

Every year, the entertainment industry celebrates its stars in various award ceremonies. From the Oscars, through the Grammys, to the Emmys, theres no shortage of spotlights for the finest performers. Hollywood is abuzz this week leading up to the Oscars ceremony on Sunday. At the same time, the leading movie industry group, the MPA, announced its own annual awards.

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Is ‘Sophienwald’ a geographical indication? Yes says the General Court, no the German Patent Court

The IPKat

The substantive trade mark law in the EU is largely harmonized. However, this does not mean that the same case brought before different trade mark offices will have the same outcome, as two recent decisions from the General Court ( here ) and the German Patent Court ( here ) show. Both decisions concern applications for invalidity of an (almost) identical trade mark.

Patent 57
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What happened to the metaverse and NFTs in the fashion industry?

Garrigues Blog

The fashion industry was one of the first industries to enthusiastically explore the opportunities afforded by the metaverse and NFTs (non-fungible tokens). However, the technological limitations, the lack of interest among the adult audience and the economic downturn have led the initial euphoria to peter out. Nonetheless, brands have evolved and now adopt a more pragmatic approach, seeking to improve the client experience and linking NFTs to the traceability of the items of clothing.

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IPO Introduces Survey to Steer Future of UK Design Law

JD Supra Law

On February 25, the United Kingdom (UK) Intellectual Property Office (IPO) launched a survey to collect feedback on potential changes to the UKs design protection framework. The goal is to ensure that the system remains relevant, accessible, and effective in supporting designers and businesses across various industries. This initiative follows a previous call for views in 2022, with insights from the survey informing a formal consultation later in 2025.

Designs 63
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The Evolving Jurisprudence of Copyright in AI-Generated Works

IIPRD

Both artistic and technical information have been transforming lately about how to create in all industries. From very complicated paintings to writing symphonies and developing entire novels, it is just incredible how AI-derived tools such as DALLE or DeepDream of Google and ChatGPT can be extremely good at showing just how wide this fantastic world of human creativity can go.

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9-time Emmy Award Winner has New Ideas about Teaching Science, Technology in and IP Rights

IP Close Up

Recipient of an incredible nine Emmy Awards for his two PBS television series, a Ph.D.

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Everything Foreign Applicants Must Know About US Utility Patents

Patent Trademark Blog

Can foreign applicants file US utility patent applications? Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. While US patent law does not forbid foreign applicants from applying for US patents, the foreign country in which the invention was made might have strict laws about where the first patent application must be filed.

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Avoiding a finding of ambiguity and ensuring patent validity: the importance of a comprehensive disclosure and defining coined terms

JD Supra Law

On June 7, 2024, the Federal Court issued its Judgment and Reasons in Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc ( 2024 FC 871), finding all claims of the Defendants Canadian Patent No 3,003,502 (502 Patent) and most claims of Canadian Patent No 3,051,236 (236 Patent) invalid on the basis of ambiguity, and declared Tekna Plasma Systems Inc.

Patent 66
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Madras High Court and the (Mis-Placed) Judicial Economy: Analysing the Clouds Behind the Silver Lining

SpicyIP

While sometimes less may be more, this is certainly not always the case. Madras High Court (MadHC)s recent judgement is one example of this. A Single Bench of the MadHC, headed by Justice Senthilkumar Ramamoorthy, delivered an intriguing judgment on February 27, 2025, in Navya Network Inc. v. The Controller of Patents & Designs ( pdf ). The case involved an appeal against the order dated March 13, 2023, which had dismissed Patent Application No. 951/CHENP/2013, which the MadHC upheld, howeve

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job postings aren't "commercial advertising or promotion" for hiring party's goods/services

43(B)log

Sun Nong Dan Foods, Inc. v. Kangnam1957, Inc., 2024 WL 5440252, No. 2:23-cv-09779-WLH-RAO (C.D. Cal. Nov. 19, 2024) Not a surprise, but fills a gap in the caselaw: employment ads arent commercial advertising and promotion for the business trying to hire. SND alleged that defendants stole SNDs recipe for its flagship dish galbi jjim and opened a counterfeit restaurant offering the same dish.

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How does a Terminal Disclaimer work?

Patent Trademark Blog

What is a terminal disclaimer? Think of a terminal disclaimer as a limit on the term of a patent. This mechanism is used by the USPTO to facilitate fairness. Patent owners should not gain an unfair advantage by filing new patents which would extend their exclusive rights beyond the lifetime of a related patent. Need to get a utility patent? Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore working with us.

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Veil-Piercing Update: Supreme Court Restores the Status Quo, For Now

JD Supra Law

The US Supreme Court unanimously declined to reshape the corporate veil-piercing doctrine when presented with the opportunity to do so in Dewberry Group, Inc. v. Dewberry Engineers, Inc. On February 26, 2025, the Supreme Court issued an opinion vacating and remanding the US Court of Appeals Fourth Circuits decision affirming an award in a trademark infringement dispute under the Lanham Act that included disgorgement of profits from the named defendants non-party corporate affiliates.

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Serial Copyright Plaintiff Lacks Standing to Enforce Third-Party Copyrights–Viral DRM v 7News

Technology & Marketing Law Blog

This case involves Viral DRM, which syndicates third-party videos of extreme weather events. It claims that 7News Australia downloaded videos from YouTube, stripped out the copyright management information (CMI), and incorporated the videos into its own videos that it uploaded to YouTube. At issue in this case is whether Viral DRM obtains ownership or exclusive licensing rights to the third-party videos it syndicates.

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CAFC Says Patent Applicant Failed to Timely Preserve Appointments Clause Challenge to Examiner Rejection

IP Watchdog

Today, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Odyssey Logistics & Technology Corp. v. Stewart affirming the Eastern District of Virginias dismissal of Odyssey Logistics Appointments Clause challenge to an examiner rejection of its patent application covering online systems for freight management. Although the Federal Circuit affirmed the dismissal on slightly different grounds, the appellate court found that the patent applicant did not respond t

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Precedential No. 3: Dismissal with Prejudice but Without Judgment Suffices for Claim Preclusion Defense

The TTABlog

In this cancellation proceeding involving four registrations for the mark FARAM , in various forms, for furniture and parts therefor, petitioner claimed abandonment and nonuse, but respondent pointed to the dismissals of two prior proceedings as a basis for claim preclusion. In view of the parties' stipultation that the prior proceedings be dismissed "WITH PREJUDICE, with CONSENT of both parties, and without the entry of judgment against either party," the proceedings were accordingly dismissed

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Supreme Court Upholds Principle Of Corporate Separateness In Vacating Award To Dewberry Engineers

JD Supra Law

n a decision that strongly endorsed the principle of corporate separateness where a companys affiliates are not financially responsible for the legal obligations of their parent the U.S. Supreme Court unanimously reversed the $47 million award that an appeals court had compelled Dewberry Group Inc. (DGI) to pay to Dewberry Engineers Inc. (DEI) for trademark infringement.

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213 Trademark Registrations Issued to Indiana Entities in February 2025

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 213 trademark registrations to persons and businesses in Indiana in February 2025 based on applications filed by Indiana trademark attorneys: Registration Number Wordmark 7692346 MAKE YOUR DREAMS TAKE FLIGHT 7676658 TRAVELIN 7679708 ROLL TO ONE 7694786 FOUNDER’S COLLEGE AT BUTLER UNIVERSITY 7689609 STEELTOWN 7697199 PROTRONIX 7688162 ISF SIGNS 7679669 IRIDIAN 7677663 UNINFLATE 7695887 DARKMATTER GAMES 7699276 ONE UNIVERSAL COLLECTION

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Supreme Court Denies Cert on Section 101, Fraudulent Procurement of Trademark Petitions

IP Watchdog

On Monday, the U.S. Supreme Court denied petitions for writ of certiorari in several appeals involving intellectual property claims. These denials included yet another Section 101 case seeking clarity on the courts two-step eligibility test and a suit seeking vacatur of a stipulated settlement for trademark infringement involving a fraudulently procured mark.