Mon.Feb 24, 2025

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VPN Providers Consider Exiting France Over ‘Dangerous’ Blocking Demands

TorrentFreak

Copyright holders see pirate site blocking as an effective and proportional tool to combat widespread online piracy. Over the years, courts and lawmakers in dozens of countries have agreed, resulting in a patchwork of blocking regimes around the globe. Initially, these efforts focused on residential ISPs as the key intermediaries. While these companies were not blamed directly, they were the go-to parties to implement blocking.

Privacy 134
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Indian Music Industry Enters the Global Copyright Debate Over AI

JD Supra Law

The legal battles surrounding generative AI and copyright continue to escalate with prominent players in the Indian music industry now seeking to join an existing lawsuit against OpenAI, the creator of ChatGPT. On February 13, 2025, industry giants such as Saregama, T-Series, and the Indian Music Industry (IMI) presented their concerns in a New Delhi court, arguing that OpenAIs methods for training its AI models involve extracting protected song lyrics, music compositions, and recordings.

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The Deathcore Flyer Plagiarism Battle

Plagiarism Today

The deathcore band Oceano has found itself at the center of controversy after an artist accuses it of plagiarizing his flyer design. The post The Deathcore Flyer Plagiarism Battle appeared first on Plagiarism Today.

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Federal Circuit Polishes § 101’s Abstract Idea Test

JD Supra Law

The US Court of Appeals for the Federal Circuit reversed and remanded a determination by the US International Trade Commission regarding subject matter ineligibility under 35 U.S.C. 101. The Court concluded that the Commissions loose and generalized analysis did not adequately consider the specific and technical improvements specified by the claims.

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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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Patents explained

Likelihood of Confusion

Originally posted 2010-07-27 12:37:45. Republished by Blog Post PromoterNo, not by me, for heaven’s sake! I took the patent law course, yes, but I wouldn’t presume to teach it. They’re explained by Arizona IP lawyer Tom Galvani. (Yes, I have a special thing for Phoenix.) He’s been posting a series of items slowly walking through […] The post Patents explained appeared first on LIKELIHOOD OF CONFUSION.

Patent 52
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Small-Market Segment Can Satisfy Domestic Industry Requirement

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission finding, explaining that small-market segments can be significant and substantial enough to support the Commissions domestic industry requirement. Wuhan Healthgen Biotechnology Corp. v. International Trade Commission, Case No. 23-1389, (Fed. Cir. Feb. 7, 2025) (Moore, Chen, Murphy, JJ.).

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Difficult Patent Examiner and Repeated Rejections: What Are Your Options?

Patent Trademark Blog

Are you dealing with a difficult patent examiner? According to this Yale study , about 88% of US utility patent applications will receive a first rejection. Getting a first Office Action in your nonprovisional patent application is simply par for the course. Welcome to the club called Nearly Every Utility Patent Applicant. But, how do you handle a difficult patent examiner when your patent application has received a third or subsequent Office Action?

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Privilege Gone Too Far? How a 250-Year-Old Privilege Cost Atturo $10 Million

Patently-O

by Dennis Crouch A new petition for certiorari in Atturo Tire Corp. v. Toyo Tire Corp. highlights an interesting procedural quirk in Illinois law that may require Supreme Court intervention to resolve an important state law question about the scope of litigation privilege. The case started as a patent importation dispute that Toyo filed with the ITC against various tire manufacturers, but not against Atturo.

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On Summary Judgment TTAB Sustains Opposition: Applicant Merely Re-packaged Branded Goods and so Does Not Own the Mark

The TTABlog

The Board granted Grupo Bimbo's motion for summary judgment in this opposition to registration of the mark TAKDIS for "Fruit rolls, fruit bars, fruit leather, lavashak in the nature fruit layers, fruit-based organic food bars." Bimbo claimed a likelihood of confusion with its mark TAKIS for snack products, but during discovery it amended its notice of opposition to add a claim that Applicant Baron Instruments did not own the TAKDIS mark.

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CAFC Vacates PTAB’s Finding that Meat Prep Patent Was Obvious

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) because it said the Boards decision was unclear as to whether it relied on a new obviousness theory not presented by any party and failed to provide a reasoned explanation that is supported by substantial evidence for accepting the petitioners motivation to combine argument.

Patent 52
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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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Who’s Got The Case? Unfair Competition Suit Between Catalyst Medium Four Inc. (Smartish) and Scooch, LLC

Indiana Intellectual Property Law

Catalyst Medium Four Inc. (operating as Smartish) has filed a lawsuit against Scooch, LLC , accusing them of unfair competition. Smartish claims that Scooch has been selling mobile phone cases that closely resemble Smartishs distinctive designs, particularly those from its popular “ Wallet Slayer ” series. The lawsuit argues that Scooch is trying to take advantage of Smartish’s years of innovation and marketing efforts by selling cases with similar designs and packaging.

Designs 52
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ArentFox Schiff LLP is Seeking an IP Patent Docketing Quality Review Specialist

IP Watchdog

ArentFox Schiff LLP is seeking an IP Patent Docketing Quality Review Specialist. This individual will be responsible for reviewing work completed by IP Patent Docketing Specialists, ensuring data entered is accurate and corrected, when required, in order to ensure the highest level of accuracy within our docketing database. As a Quality Review Specialist, this individual will be involved in the training of new staff members and will be a point of contact for Docketing Specialists or other firm s

IP 52
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The Importance of NonProfit Trademark for Organizations. 2025 Update

Traverse Legal Blog

A nonprofit organization (NPO) is a type of entity that has a purpose other than making a profit, such as a social cause. Put another way, rather than distributing profit to shareholders, as is typical in a corporation, any additional revenues are used to further the nonprofit’s mission. That said, make no mistake about it, nonprofit organizations are not always charities and it is typically equally important to maintain organizational sustainability.

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IP.com is Proud to Sponsor the Fifth Annual IPWatchdog LIVE Conference

IP.com

Join IP.com at IPWatchdog LIVE 2025 from 3/2-3/4 IPWatchdog Live brings together 300+ top IP professionals and industry leaders, and IP.com is proud to sponsor and exhibit at this premier event. Its the perfect opportunity to network, exchange insights, and explore the latest trends in IP and innovation. If you’re attending, connect with our team to discover the latest advancements in InnovationQ+ and the Innovation Power Suitelets collaborate and drive your success forward!

IP 52
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Stealing in Vein?

BYU Copyright Blog

Stealing in Vein? Career and Technical Education,Commercial Educational Materials,Medicine Joshua Potter February 24, 12:06 PM February 24, 12:06 PM In January of 2025, The Center for Phlebotomy Education Inc. (the "Center") filed a Complaint against Dallas Rasmussen, the owner and operator of Oquirrh Mountain Phlebotomy School LLC ("OMPS"). OMPS operates phlebotomy schools in Utah, Colorado, and Oregon.

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Fair Use Doctrine Falters in Groundbreaking AI Copyright Decision

JD Supra Law

The U.S. District Court for the District of Delaware delivered a watershed ruling inThomson Reuters v. Ross Intelligenceon February 11, 2025, providing clarity on an often-asked question: is the utilization of copyrighted subject matter covered by the fair use doctrine as an affirmative defense?

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Justices Nix Whistleblower Suit Over Arbitral Vacatur Limits

IP Law 360

The U.S. Supreme Court on Monday declined to review a petition that raised questions about the standards under which courts can vacate or enforce arbitral awards, in a case brought by a whistleblower who soughtto challenge an arbitral award favoring his former employer.

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The Top 10 Legal Risks Impacting the Value of a Consumer Product Brand

JD Supra Law

You put in the hard work to conceive and design your product, choose a trademark, and build your customer following, but taking your product brand to the next level and attracting an equity investment based in large part on the value of the trademarks and goodwill associated with your consumer product requires other skill sets.

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High Court Declines To Review Reach Of Trade Secrets Law

IP Law 360

The U.S. Supreme Court on Mondayturned down a petition from a Chinese company asking it to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.

Law 59
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FDA Approves Second Prolia® / Xgeva® (denosumab) Interchangeable Biosimilars: Samsung Bioepis’s Ospomyv™ / Xbryk™

JD Supra Law

On February 13, 2025, the FDA approved Samsung Bioepiss Ospomyv / Xbryk (denosumab-dssb) as the second interchangeable biosimilars of Amgens Prolia / Xgeva (denosumab)..

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Natera's $96M DNA Test Verdict Scrapped, Patents Axed

IP Law 360

A Delaware federal judge Monday threw out Natera's $96 million patent infringement verdict against CareDx after determining that the asserted claims in its patents related to DNA tests for organ transplant recipients are invalid.

Patent 52
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The Obvious Choice? Why Result-Effective Variables Matter in Patent Law

JD Supra Law

Determining whether a claimed invention is obvious under 35 U.S.C. 103 often depends on whether the prior art provides a clear motivation for modifying existing knowledge. Central to this analysis is the concept of a result-effective variablea parameter recognized in the prior art as influencing a particular property or outcome.

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'Yellowjackets' Makers Omit Overlaps With Film, Court Told

IP Law 360

Showtime, Lions Gate Entertainment Corp. and the makers of the TV show "Yellowjackets" use "self-serving descriptions" and "omit similarities" between the show and the 2015 film "Eden" in their bid to toss a suit alleging the hit series ripped off the movie, the filmmakers told a California federal court judge on Monday.

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Collateral Estoppel Doesn’t Apply to Unchallenged IPR Claims

JD Supra Law

The US Court Appeals for the Federal Circuit found that despite a Patent Trial & Appeal Board determination that certain challenged patent claims were unpatentable based on a preponderance of the evidence standard, the patent owner is not collaterally estopped from asserting other, unreviewed claims of that patent in district court litigation. Kroy IP Holdings, LLC v.

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Justices Told Illinois High Court Should Weigh Tire IP Dispute

IP Law 360

Atturo Tire Corp. has asked the U.S. Supreme Court to have the top court in Illinois address whether the Federal Circuit wrongly discarded a $10 million award against Toyo Tire Corp. for interfering with Atturo's business through patent settlements with other companies.

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Speculative IPR Discovery Request Not in the Interest of Justice

JD Supra Law

Because Congress intended inter partes reviews to serve as a faster and more cost-effective alternative to litigating validity in district courts, discovery in inter partes reviews is limited. See Garmin Intl, Inc. v. Cuozzo Speed Techs. LLC, IPR2012-00001, Paper 26 at 5 (PTAB Mar. 5, 2013). As such, motions for additional discovery are denied when the movant fails to shows the requested discovery is necessary in the interest of justice.

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Patent Eligibility Appeals 'Will Not Go Away,' Justices Told

IP Law 360

Another plea to hear a patent eligibility case has been lodged at the U.S. Supreme Court, this time in an amicus brief from the owner of two invalidated patents covering medical machinery that warned"the problem will not go away. The problem will get worse and worse.

Patent 52
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Navigating Changes at the USPTO: Impact of New Government Cost-Reduction Initiatives

JD Supra Law

The new presidential Administrations cost-reduction initiatives, including a hiring freeze and return-to-office mandate for federal employees, are poised to impact the efficiency of the US Patent and Trademark Office (USPTO), potentially affecting patent examination timelines and strategies.

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Fed. Circ. Shouldn't Assume Doctors Read Labels, Profs Say

IP Law 360

The Federal Circuit has been reviewing whether generic-drug companies induce infringement of their limited-use drugs based on a misunderstanding of how prescribing physicians do their job, law professors from Illinois and Pennsylvania have argued in a new paper.

Law 52
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[CLE Webinar] Correcting Patents: A Comprehensive Overview - March 6th, 1:00 pm - 2:00 pm EST

JD Supra Law

Join Volpe Koenig for a webinar focused on various methods available for correcting patents after they have already issued. This session will explore the key processes and best practices related to correcting patents, providing the legal frameworks and procedural steps involved. Our expert speakers will guide you through the following essential topics: 1.

Patent 59
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Tax Software Co. Says Rival Is The Real Trade Secrets Thief

IP Law 360

Corporate-focused tax preparation software company Avalara, accused byVertex Inc. of poaching workers to steal trade secrets, has asked to file counterclaims, arguing Vertex has actually done the illegal poaching.

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Patent Poetry: Patent Board Rejects Amazon Listing as Prior Art

JD Supra Law

The Patent Trial and Appeal Board (PTAB or Board) has found that an Amazon.com product listing doesnt qualify as prior art in an inter partes review (IPR) challenge to patentability. The matter is Vectair Systems Inc. v. Fresh Products, Inc.

Art 52
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Charter Communications Keeps Trade Secrets Suit In Conn.

IP Law 360

A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.

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U.S. Chamber Urges NSF to Withdraw Proposed IP Options for Discouraging Critical Public-Private Partnerships

IP Watchdog

Last week, the U.S. Chamber of Commerce sent a letter authored by Tom Quaadman, the trade organizations Senior Vice President for Economic Policy, to Sethuraman Panchanathan, Director of the National Science Foundation (NSF), providing the U.S. Chambers input on the NSFs proposed intellectual property licensing options that the agency announced last December.

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Bezos Satellite Co. Seeks To Block His Paper In Docs Dispute

IP Law 360

A satellite facility launched by Jeff Bezos' Amazon wants a preliminary injunction to partially block Washington's state's labor department from releasing records to the Bezos-owned Washington Post, arguing that the photos and documents are exempt under the state's public records law because they would expose sensitive trade secrets.

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