Wed.Dec 06, 2023

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3 Count: Destiny’s Jury

Plagiarism Today

Destiny 2 cheat case heading before a jury, Swiss music licensing agency sues X for infringement and the Australian government to talk AI. The post 3 Count: Destiny’s Jury appeared first on Plagiarism Today.

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2023 Word of the Year: Authentic

Erik K Pelton

Merriam Webster’s 2023 Word of the Year rings true for the world of trademarks, as Erik explains in this video. The post 2023 Word of the Year: Authentic appeared first on Erik M Pelton & Associates, PLLC. Merriam Webster’s 2023 Word of the Year rings true for the world of trademarks, as Erik explains in this video.

Trademark 130
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Pirate IPTV Operation Dismantled, 9 Arrested, 43 Customers Investigated

TorrentFreak

With few signs that public appetite for cheap but illegal streaming services will subside anytime soon, law enforcement agencies all over Europe are working to disrupt suppliers wherever they can. The Directorate for the Prosecution of Electronic Crime in Athens, Greece, is reporting an apparently successful operation against an organization that until recently serviced customers in five regions of the country.

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APPLE JAZZ Trademark Fight Continues at CAFC

IP Watchdog

Office (USPTO) and Apple, Inc. file responses to his petition for writ of mandamus, the owner of the trademark APPLE JAZZ has filed a reply of his own charging that “the USPTO is not sincere and has never been sincere about deciding this case.” The latest briefs relate to a petition for writ of mandamus filed by Charles Bertini, owner of APPLE JAZZ, who has been embroiled in a fight with Apple over rights to the mark since 2016.

Trademark 116
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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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AI News Roundup - December 2023

JD Supra Law

There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. The Beijing Internet Court has ruled that a plaintiff who used generative AI to produce a digital image has established that he exhibited, through a series of prompts, a sufficient amount of control over the image creation process to have an enforceable copyright.

Copyright 113
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EU Mulls Expansion of Geo-Blocking ‘Bans’ to Video Streaming Platforms

TorrentFreak

Consumers who want to watch movies or TV-shows online are limited to the content that they are permitted to see in their home country. This means that the Netflix or Amazon library in one country can be entirely different to those made available in a neighboring nation. This is a direct result of the territorial licensing deals the entertainment industry is built on.

Licensing 105

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Norton Rose Taps IP Pro As Partner-In-Charge Of SF Office

IP Law 360

Norton Rose Fulbright will start 2024 with a new partner-in-charge of its San Francisco office, announcing the promotion of an experienced IP partner who will take on the role beginning Jan. 1.

IP 105
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The United States Copyright Office Notice of Inquiry on AI: A Quick Take

Velocity of Content

This post originally appeared in the Scholarly Kitchen on 11/28/23 Monday, October 30 was the final date for interested parties to submit comments to a comprehensive “ Notice of inquiry and request for comments ” issued by the United States Copyright Office entitled “Artificial Intelligence and Copyright.” With 34 questions asked about both copyright and technology, some parties responses exceed 100 pages.

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Fed. Circ. Wrestles With Apple Bid To Ax More Masimo Patents

IP Law 360

Federal Circuit judges on Wednesday questioned Apple Inc.'s contention that the Patent Trial and Appeal Board wrongly upheld the validity of two Masimo Corp. patents on technology for measuring oxygen in the blood, which Apple is accused of infringing in a California case.

Patent 98
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Global conference on IP

Biswajit Sarkar Copyright Blog

We are pleased to share that our founder Adv. Biswajit Sarkar has been invited to be a Keynote Speaker at the Conference- “IP Eurasia/IP India’23” conducted by the Eurasian Patent Office (EAPO) along with the Russian State Academy of IP in Russia. This year’s conference places significant emphasis on fostering cooperation with India, recognized as a pivotal and promising partner among Eurasian nations.

IP 98
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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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Nominated Arbitrator Having Decided The Issue Earlier In The Capacity Of A Judge Would Not Be Ineligible

IP and Legal Filings

Factual Background Brief facts of the case are that due to some dispute between the parties, an Arbitral Tribunal was constituted comprising of two nominated Arbitrators by parties and one Presiding Arbitrator. At the time when the proceedings were at the stage of final hearing, one of the arbitrators nominated by the Respondent no. 1 recused himself.

IP 95
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Patenting the Blockchain with PLI

JD Supra Law

PLI is set to host its highly anticipated Patenting Blockchain and Distributed Ledger Technologies 2023 conference on Monday, December 4 from 9am-1230pm. This marks the fifth year of this popular and successful program.

Patent 75
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Fed. Circ. Weighs AI Issues In Meta Photo Tagging Case

IP Law 360

In Angel Technologies' appeal of a tossed patent suit against Meta, Federal Circuit judges asked Angel Tech at a Wednesday hearing if its photo tagging patents actually used artificial intelligence and differed from previous technology.

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[Audio] NIL Antitrust Litigation - Highway to NIL Podcast

JD Supra Law

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student-athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.

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Disney Owes $400M For 'Beauty And The Beast' FX, Jury Told

IP Law 360

Digital-effects company Rearden LLC's counsel told a California federal jury during opening arguments Wednesday that Disney owes up to $400 million for allegedly using its copyrighted special-effects software for the 2017 remake of "Beauty and the Beast" while Disney's counsel said it respects copyright law and "did nothing wrong.

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Purdue v. Collegium: Upholding the Board’s Authority to Issue a Final Written Decision Even After the Statutory Deadline Has Passed

JD Supra Law

On November 21, 2023, the Federal Circuit in Purdue Pharma L.P et al. v. Collegium Pharm., Inc. (i) affirmed that the Patent Trial and Appeal Board (“Board”) has authority to issue a Final Written Decision after the statutory deadline has passed, and (ii) affirmed the Board’s determination that claims 1-17 of U.S. Patent No. 9,693,961 (“’961 patent”) are unpatentable for lack of written description.

Patent 68
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Inventor Says MLB Unlawfully Uses Dynamic Barcode Tech

IP Law 360

An inventor is accusing Major League Baseball of infringing his 2015 patent for a digital ticketing system, which he says the league and its teams have used at ballparks without permission.

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Boot That Fake Merch: Add Ex Parte Seizure Orders to Your Repertoire

JD Supra Law

Rod Wave, like many other artists, recently obtained an ex parte seizure order from a federal court permitting the seizure and impoundment of fake merchandise infringing on his intellectual property rights in and around his concerts in Charlotte and barring the bootleggers from selling unauthorized merchandise. While a plaintiff would typically have to identify and serve a complaint on an actual defendant in a lawsuit to get this kind of extraordinary relief, the well-known rapper showed the.

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Will AI lead to dramatic changes in patent prosecution over the next 5 years? 

Patently-O

There are still a couple of days left to have your voice heard in this survey. What do you think? Will AI lead to dramatic changes in patent prosecution over the next 5 years?

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court finds that transferring title to mural also transferred (c); VARA and CMI claims against ad also fail

43(B)log

Williams v. Hy-Vee, Inc., F.Supp.3d -, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D. Iowa Mar. 15, 2023) Williams, a professional artist, was commissioned to paint an abstract mural on the wall of a building located in Des Moines, Iowa. The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.

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Brushed Aside? Dafni Tries to Keep its PTAB Win against Ontel

Patently-O

by Dennis Crouch Ontel Products Corp. v. Guy A. Shaked Investments Ltd. , No. 22-1938 (Fed. Cir.) This pending case raises key issues of (1) mootness in the IPR/Court interplay and (2) the role of secondary indicia in obviousness determinations. Gary Shaked (Dafni) holds several patents on hair straightening brushes, and the business took off as a video of the time-saving tool went viral.

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[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00 pm EST

JD Supra Law

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore the top developments and decisions from this year and their impact on your business. You’ll also gain valuable insights into the trends that are poised to shape the intellectual property landscape in 2024.

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Patent Filings Roundup: Slow Week at PTAB and District Court; VLSI Saga Continues

IP Watchdog

It was an overall below-average week for patent filings at both the Patent Trial and Appeal Board (PTAB) and district courts. The PTAB had only 15 new PTAB petitions—all inter partes reviews (IPRs), while the district court had only 24 new complaints filed. There were two more Fintiv discretionary denials this week, with the Board denying institution of two IPRs filed by IBM against inventor-controlled DigitalDoor Inc.

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Industrial Design in the Spotlight: Key Takeaways in Brazil

JD Supra Law

Investing in the creation of industrial designs is critical in modern business practice, as it allows a company’s product to stand out in an increasingly competitive market dynamic. Just as important as creating distinctive product is ensuring its protection in the country where the company does, or intends to do, business.

Design 63
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TTAB Finds "STREAM THEATERS" Generic For. Guess What?

The TTABlog

The Board affirmed a refusal to register the proposed mark STREAM THEATRES on the Supplemental Register for, inter alia , the streaming of audiovisual material during in-person events at movie theaters and other venues [STREAM disclaimed], finding the term to be generic for the services. "Consumers, in the context of Applicant's services. would understand the term STREAM THEATRES to refer to theatres where entertainment is streamed.

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It's Not Always Obvious: A Successful Showing of Substantial Evidence Before the Federal Circuit

JD Supra Law

Volvo Penta of the Americas, LLC v. Brunswick Corporation (2022-1765, Decided August 24, 2023) - Patent litigators are well aware of the challenges of overcoming the substantial evidence standard on appeal from an adverse IPR decision by the Patent Trial & Appeal Board (PTAB).

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Cooley Atty Can't Ax 'Rather Harsh' Sanctions, 3rd Circ. Says

IP Law 360

The Third Circuit on Wednesday affirmed a Pennsylvania federal judge's order sanctioning a senior Cooley LLP lawyer after he filed evidence in a patent dispute past the discovery deadline, noting that while the order was "rather harsh," the district judge had the discretion to impose the sanctions.

Patent 52
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Error! PTAB Denies Motion for Supplemental Information to Correct Inadvertent Omission

JD Supra Law

In Nanobebe US Inc. v. Mayborn (UK) Limited et al., the PTAB denied a Petitioner’s Motion to submit supplemental information, even though Petitioner argued the information had been inadvertently omitted in the original petition. The PTAB denied the Motion because it “effectively change[d] the argument and evidence originally relied upon in the petition.

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Samsung Gets PTAB To Knock Out Patent From $303M Verdict

IP Law 360

The Patent Trial and Appeal Board has found that all the claims in a Netlist flash memory patent were not valid, handing a win to Samsung as part of a larger intellectual property fight that has involved multiple patents.

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Conducting Examinations Faster: USPTO Introduces New Pilot Program for Semiconductor Manufacturing Applications

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) initiated a program on December 1, 2023 to encourage research, development, and innovation in the semiconductor manufacturing space. The Semiconductor Technology Pilot Program (“Pilot Program”) will expedite examination of patent applications for innovations that increase semiconductor device production, reduce semiconductor manufacturing costs, and strengthen the semiconductor supply chain.

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Judge Nixes CellTrust Bid For New Trial In Infringement Suit

IP Law 360

A Minnesota federal judge on Wednesday denied a cellular data-tracking company's motion for a favorable judgment or new trial, rejecting CellTrust Corp.'s arguments that a wrongly instructed jury erred in finding its patents weren't infringed — as well as rejecting other claims from both sides of the dispute.

Patent 52
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The Dead Hand of Copyright

Likelihood of Confusion

Zorro first appeared in 1919. Naturally, Sony claims it owns him. (Is this a Sony company?) A little filmmaking outfit called Sobini begs to differ and is asking a judge. The post The Dead Hand of Copyright appeared first on LIKELIHOOD OF CONFUSION™.

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Longtime Stroock IP Partner Joins McCarter & English

IP Law 360

McCarter & English LLP announced that an experienced intellectual property partner from Stroock & Stroock & Lavan LLP who focuses on transactional matters joined the firm's New York office following the recent decision of his former firm to cease operations.

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New USPTO Design Patent “Bar” to be Created in 2024

LexBlog IP

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings. This new rule does not impact those already registered to practice any patent matters before the USPTO.

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Spencer Fane Pushes Growth With Snow Christensen Merger

IP Law 360

Spencer Fane LLP announced on Wednesday that it will merge with Utah law firm Snow Christensen and Martineau next year — Spencer Fane's second merger in recent months as it expands its presence in the Western United States.

Law 52