Wed.Jan 24, 2024

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Printed Minis and the Power of the Copyright Claims Board

Plagiarism Today

In September, Games Workshop filed 12 claims against a user offering copied 3D models online. Now the user is finally shutting down. The post Printed Minis and the Power of the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 260
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Coalition of Academics Sends Letter Opposing Biden Administration’s March-In Rights Proposal

IP Watchdog

Today, a letter signed by a coalition of top academics opposing the Biden Administration’s efforts to exercise march-in rights under the Bayh-Dole Act of 1980 was sent to the White House. Signed by academics in fields including law, economic policy and sciences, the letter warns the Biden Administration that its efforts to drive down drug pricing by seizing patent rights will “undermine fundamental principles that have made the American IP system the golden standard for supporting domestic innov

Invention 124
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3 Count: Tattoo Trial

Plagiarism Today

Trial in Kat Von D tattoo case begins, Uniqlo sues Shein in Japan and Palworld modders earn Nintendo's wrath. The post 3 Count: Tattoo Trial appeared first on Plagiarism Today.

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Reddit: IP Address Disclosure Puts User Anonymity At Risk

TorrentFreak

Early last year, a group of filmmakers obtained a subpoena, requesting Reddit to reveal the identities of users who commented on piracy-related topics. The movie companies said they were not planning to go after these people in court but wanted to use their comments as evidence in an ongoing piracy lawsuit against Internet provider RCN. Reddit wasn’t willing to go along with the request.

IP 124
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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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The Value of IP: From Start-up to IPO

JD Supra Law

In a recent blog summarizing an extensive study from the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO), we discussed just how impactful intellectual property (IP) rights, such as patents and trademarks, can be in securing funding for start-ups. Although other factors undoubtedly contribute to start-up success, the study highlights clear benefits for both start-ups and investors who consider registered IP rights at an early stage.

IP 122
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beIN Sports’ Football Piracy Blitz Adds Blocking to Domain Seizures

TorrentFreak

Perhaps more than any other broadcaster, beIN Sports understands the potential for piracy to spin out of control. When a diplomatic crisis between Qatar and other Arab countries led to Saudi Arabia blocking the beIN service in 2017, beoutQ – a full-blown piracy platform – stepped in as a comprehensive but illegal beIN replacement. Over the next two years, the political fallout spread beyond the Middle East to the United States and European Union, leading to a World Trade Organization

Reporting 121

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Words Matter: ‘Said’ or ‘The’ in Claim Refers Back to Initial Phrase, Even If Multiple Elements

JD Supra Law

In Infernal Technology, LLC v. Activision Blizzard Inc., the U.S. Court of Appeals for the Federal Circuit reaffirmed the long-standing principle that in grammatical terms, use of “said” or “the” in a claim are anaphoric phrases, referring to the initial antecedent phrase, even when the initial phrase refers to one or more elements.

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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Over time, “Promotional posts were interspersed with more personal content, in a strategy that JLM referred to as the ‘personal glimpse,'” and other JLM employees helped manage the accounts.

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The Legal Ballet of Parody and Licensing in Spaceballs

Nelligan Law

Reading Time: 3 minutes In the vast cosmos of cinematic hilarity, “Spaceballs” emerges as a timeless interstellar spoof, navigating the galaxies of parody with a comical finesse that leaves audiences in stitches. Led by the irrepressible Bon Jovi and graced by the late, great John Candy, this cosmic odyssey becomes a multigenerational experience, seamlessly blending humor, legal acrobatics, and unexpected delights.

Licensing 103
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Competing In Triathlons Makes Me A Better Lawyer

IP Law 360

While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

Law 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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AI Research Pilot Launched by NSF with USPTO as Partner

IP Watchdog

The U.S. National Science Foundation (NSF) announced today that it is launching the National Artificial Intelligence Research Resource (NAIRR) pilot, as directed by President Biden’s Executive Order on AI in October 2023. The U.S. Patent and Trademark Office (USPTO) is one of 10 government agencies that are partnering with NSF on the pilot. Biden’s October Executive Order (EO) announced a series of new agency directives for managing risks related to the use of artificial intelligence (AI) techno

Privacy 98
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And Now A Word From The Panel: A Strong Year For MDLs

IP Law 360

While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

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Legal Lens on the Unified Patent Court | January 2024

JD Supra Law

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court newsletter is designed to keep patent holders and legal departments well-informed of the latest updates and strategic insights on the new patent court.

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AI data mining: French music collecting society Sacem opts out (with what consequences?)

Kluwer Copyright Blog

Image by Anja from Pixabay In a statement made on 12 October 2023 , the French collecting society Sacem , which represents most authors/composers and publishers of music in France, announced that it is opting out of machine learning training for the works in its repertoire. Sacem explains that it is basing its opt-out from generative AI systems on Article L122-5-3 of the French Intellectual Property Code (that implements Article 4(3) of Directive (EU) 2019/790) , which allows rightholders to exp

Music 72
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2024 Trends for Technology Transactions

JD Supra Law

Join our Technology & IP Transactions lawyers as they dive into the trends shaping 2024. In this episode, we explore the future of technology services, spotlight trends driving tech startups, and dissect deals tied to customer-facing digital platforms and cloud services. Additionally, we navigate the evolving regulations affecting tech transactions in Europe and the UK, as well as the legal complexities surrounding AI and GenAI.

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Department of Energy to Help NOAA’s Mauna Loa Observatory Go Net-Zero

U.S. Department of Commerce

Department of Energy to Help NOAA’s Mauna Loa Observatory Go Net-Zero January 24, 2024 KCPullen@doc.gov Wed, 01/24/2024 - 12:14 The U.S. Department of Energy (DOE) has awarded NOAA $5 million to support the conversion of the Mauna Loa atmospheric baseline observatory in Hawaii to a net-zero carbon facility. The award, part of $250 million in funding announced by DOE’s Assisting Federal Facilities with Energy Conservation Technologies (AFFECT) program, will help NOAA’s Global Monitoring Labor

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The Pitch - January 2024

JD Supra Law

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.

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(SpicyIP Tidbit) Devotion, Deception, and Confusion: Delhi High Court Restrains “Khadi Organic” from Selling Ram Mandir Consecration Prasad 

SpicyIP

Image from here What if I told you that there was a way to get free prasad from the Pran Prathishta (consecration) ceremony of the Ram Temple in Ayodhya, Uttar Pradesh? Surely this question would have piqued the interest of many devotees. Many would have also come across text messages, Instagram posts stating that “Khadi Organic” was providing delivery of free prasad from the consecration ceremony against a delivery charge of merely INR 51/-.

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K-Fee Provides a Warning to Life Sciences Companies - What You Say in Foreign Prosecution May Affect Your U.S. Claim Scope

JD Supra Law

On December 26, 2023, the United States Court of Appeals for the Federal Circuit issued its decision in K-Fee System GMBH v. Nespresso USA, Inc. While nominally a case related to coffee makers, its teachings are highly applicable to life science companies as they tend to file large numbers of ex-U.S. patent cases.

Patent 72
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Amazon, Twitch Say Video Patent Is 'Nothing New' And Invalid

IP Law 360

Online retail giant Amazon and its streaming platform unit Twitch urged a California federal judge during a hearing Wednesday to toss a patent infringement suit brought against them over video streaming technology, saying the patent-at-issue is invalid because there is "nothing special, nothing new" about the claimed invention.

Patent 59
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Judicial Rules for Determining "Infectiousness" of GPL through Case Studies

JD Supra Law

GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This characteristic of GPL is referred to as "infectiousness" and has a significant impact on the distribution of software created using GPL open-source code, gaining attention from software developers.

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A 3-D trademark – Taipei 101

Likelihood of Confusion

Markenbusiness News reports: Skyscrapers can not only be landmarks, they can also be trademarks as well. That has now been made clear by the owners of the 508 meter high, The post A 3-D trademark – Taipei 101 appeared first on LIKELIHOOD OF CONFUSION™.

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“Eleventh Hour” Sotera Stipulation Sufficient to Avoid Denial

JD Supra Law

The PTAB recently declined to exercise its discretion to deny IPR, instituting review in BMW of North America, LLC v. NorthStar Systems LLC, IPR2023-01017, Paper 12 (Dec. 8, 2023). There, the PTAB held that (1) a Sotera stipulation could be entered after a patent owner responds to a petition, (2) patent owner was not prejudiced by the “eleventh hour” stipulation here, and (3) a party that uses a parallel declaratory judgment (DJ) action as a basis to argue for discretionary denial must show the.

Patent 63
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District Court Refuses to Enforce Subpoena for TTAB Case: Must Be Issued by the Court, Contrary to TBMP

The TTABlog

Cancellation Petitioner Waterdrop Microdrink GmbH relied on the Trademark Board Manual of Procedure when its attorney signed and served a subpoena on third-party Ecolife Technologies, Inc. in order to take the latter's deposition under FRCP 30(b)(6). Respondent's counsel refused to accept service, and also stated that the subpoena was improperly issued.

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Bid To Swap Chevron For An Old Standby Raises Doubts

IP Law 360

Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

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SEC Continues to Police Confidentiality Provisions for Theoretical Whistleblower Suppression

LexBlog IP

The Securities and Exchange Commission (“SEC”) levied an $18 million fine against J.P. Morgan Securities, LLC (“JPMS”) for allegedly including overbroad release provisions in settlement agreements. This marks the continuation of its recent activity to enforce SEC Rule 21F-17(a), a regulation that prohibits companies from taking any action to impede or discourage whistleblowers from reporting suspected securities violations to the SEC.

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EU Proposes New Foreign Investment And Trade Policies

IP Law 360

The European Commission adopted five policy proposals Wednesday aimed at reinforcing the European Union's economic security through new actions on foreign investment, outbound investment and sensitive technology.

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SEC Continues to Police Confidentiality Provisions for Theoretical Whistleblower Suppression

Trading Secrets

The Securities and Exchange Commission (“SEC”) levied an $18 million fine against J.P. Morgan Securities, LLC (“JPMS”) for allegedly including overbroad release provisions in settlement agreements. This marks the continuation of its recent activity to enforce SEC Rule 21F-17(a), a regulation that prohibits companies from taking any action to impede or discourage whistleblowers from reporting suspected securities violations to the SEC.

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Benesch Taps Partners From Kirkland & Ellis, Sheppard Mullin

IP Law 360

Benesch Friedlander Coplan & Aronoff LLP has added both a prominent Kirkland & Ellis LLP private equity partner, who will help spearhead its private equity group, as well as an accomplished commercial litigator from Sheppard Mullin Richter & Hampton LLP, according to announcements made by the firm.

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Vidal Awards VLSI Attorney Fees for OpenSky Abuse

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal on Monday made public an order from December awarding VLSI Technology LLC $413,264.15 for “time spent addressing OpenSky’s abusive behavior” in a years-long and circuitous case between the two companies. Vidal first issued her precedential Director review ruling in October 2022, holding that inter partes review (IPR) petitioner OpenSky Industries, LLC abused the IPR process in its conduct with patent owner, VLSI Technology LLC, and sa

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Amyris Says Claim Releases Needed For Post-Ch. 11 Success

IP Law 360

Biotechnology company Amyris Inc. told a Delaware bankruptcy judge on Wednesday it needs to eliminate potential shareholder claims in order to emerge from its Chapter 11 case as a successful company.

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Key 2023 update: EU Directive implemented in Greek copyright law

LexBlog IP

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789. It has several aims, including the following: To facilitate copyright and related rights licensing in protected works and other subject matters in certain television transmissions and radio

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Orrick Brings In First-Chair IP Trial Lawyer From Venable

IP Law 360

Timothy Carroll joined Orrick Herrington & Sutcliffe LLP as a partner and first-chair intellectual property trial lawyer from Venable LLP on Wednesday, bringing his expertise in federal court and U.S. International Trade Commission trials to the firm's IP litigation practice, Orrick said.

IP 52
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Patent Office Issued 232 Patents to Indiana Entities in November 2023

Indiana Intellectual Property Law

The U.S. Patent Office issued the following xxx patents to persons and businesses in Indiana in November 2023: PATENT NUMBER PATENT TITLE US 11826689 B2 Air filter arrangement; assembly; and, methods US 11830717 B2 Ion focusing US 11826832 B2 Passivation and alloying element retention in gas atomized powders US 11830716 B2 Mass spectrometry analysis of microorganisms in samples US 11828908 B2 Rack-mountable equipment with a high-heat-dissipation module, and transceiver receptacle with increased

Patent 52
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Delaware Jury Awards $45M In Data Security IP Trial

IP Law 360

A Delaware jury found in a verdict posted Wednesday that Vector Flow Inc. willfully infringed rival security company HID Global Corp.'s data security patent and misused two of its trade secrets, awarding HID Global a grand total of $45 million between the two claims.

IP 52