Tue.Jan 28, 2025

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3 Count: Naval Battle

Plagiarism Today

Appeals Court affirms a judgment against the US Navy, more parties join OpenAI battle in India, and Elton John is against the AI proposal. The post 3 Count: Naval Battle appeared first on Plagiarism Today.

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What is the Supplemental Register of Trademarks?

Erik K Pelton

The following is an edited transcript of my video What is the Supplemental Register of Trademarks? The main register of trademarks at the USPTO is called the Principal Register. The secondary register is called the Supplemental Register , and it is an important resource or tool in the trademark world where weaker trademark registrations can reside. The secondary register is for some types of marks that are not able to obtain status on the principal register: generally descriptive marks or marks

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How DeepSeek May Change AI, Copyright and Plagiarism

Plagiarism Today

The new DeepSeek AI models has taken the tech world by storm. Here's why they matter and how they might change copyright and authorship. The post How DeepSeek May Change AI, Copyright and Plagiarism appeared first on Plagiarism Today.

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Nintendo Piracy Lawsuit Defendant Makes Dire Situation Even Worse

TorrentFreak

Lawsuits filed to address infringement can also play a key role as part of a wider deterrent messaging campaign. In the online arena inhabited by millions of pirates, dual-purpose lawsuits are especially common. Even for Nintendo, suing every infringer isn’t just impractical. Negative exposure in the media has direct implications for image and branding.

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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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OPM Looking To Dodge USPTO's Union Telework Exception

IP Law 360

U.S. Patent and Trademark Office employees whose telework is protected in a collective bargaining agreement don't have to work in person, the agency has confirmed, but the federal government has told agencies to review how to change those agreements.

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LLM Taken Down Following Legal Pressure from Anti-Piracy Group

TorrentFreak

Development of AI continues to progress at a rapid pace. This includes work on large language models (LLMs), which are typically trained on broad datasets of texts. These technologies promise unparalleled progress which could benefit society as a whole. Yet despite widely recognized potential, areas of significant concern remain. That many LLMs were trained on datasets containing copyrighted content is now widely known.

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USPTO’s Remote Work Program Faces Potential Rapid Dismantling Under New Federal Guidelines

Patently-O

by Dennis Crouch Last week, I wrote about the twin challenges facing the USPTO: a return-to-office mandate and a hiring freeze that could significantly impact patent operations. Today's joint memorandum from OMB and OPM provides a rapid timeline for implementing these changes, with agencies required to submit detailed implementation plans by February 7th, 2025.

Patent 97
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Don't Get Benched: 5 Rules for a Winning Super Bowl Campaign

JD Supra Law

With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms Super Bowl and Super Sunday are registered trademarks guarded by the National Football League (NFL) more closely than a shutdown corner on a wide receiver.

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SpicyIP Interview: Justice Prabha Sridevan on Evolving Roles of Expert Evidence in Indian IP Litigation

SpicyIP

Justice Prabha Sridevan (Photograph: Personal on request) Recently, I had the privilege of interviewing Justice Sridevan as part of my doctoral research and I found it to be exceptionally insightful. She shared several pertinent points on issues concerning expert evidence in IP litigations and what she thinks is the best way forward for the Indian Courts vis a vis engaging experts in IP matters.

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Federal Circuit Stays Teva v. Amneal Ruling

JD Supra Law

In our previous article, we reported that the Federal Circuit affirmed the district courts decision requiring Teva to delist certain patents related to its Tevas ProAir HFA metered-dose inhaler from the FDAs Orange Book. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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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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SpicyIP Tidbit: The “Evergreen” Conundrum: DHC Grants Interim Injunction to Evergreen Sweet House in a Trademark Dispute

SpicyIP

[ This post has been authored by SpicyIP intern Aditi Agrawal. Aditi is a final-year B.A., LL.B (IPR Hons.) student at The ICFAI University, Dehradun. Her previous posts can be accessed here. ] Images from here and here In a recent trademark dispute between Evergreen Sweet House v. JV Evergreen Sweets and Treats & Ors. , the Delhi High Court on December 23 restrained the defendants from using JV Evergreen Sweets & Treats mark or any similar mark which is identical to the mark Evergreen.

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Do Stablecoin Patent Applications Signal a Cryptocurrency Evolution?

JD Supra Law

Stablecoins have emerged as one of the most transformative innovations in the cryptocurrency space, bridging the gap between the volatility of traditional cryptocurrencies like Bitcoin and the stability demanded by mainstream financial systems. This rise has brought with it a wave of innovation, and nowhere is this more apparent than in the growing number of patent applications for stablecoin technologies.

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NCLA Tells Full Federal Circuit It Can’t Rehear EcoFactor v. Google Without Newman

IP Watchdog

Judge Pauline Newmans counsel, the New Civil Liberties Alliance (NCLA), filed an amicus brief yesterday with the U.S. Court of Appeals for the Federal Circuit in EcoFactor, Inc. v. Google, Inc., arguing that the en banc case cannot be heard without Newman, who has been suspended by Chief Judge Moore from hearing all cases, including when the court goes en banc.

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Purdue Pharma L.P. v. Accord Healthcare, Inc.

JD Supra Law

OxyContin (oxycodone HCl) - Case Name: Purdue Pharma L.P. v. Accord Healthcare, Inc., No. 2023-1953, 2024 WL 5244764 (Fed. Cir. Dec. 30, 2024) (Circuit Judges Prost, Reyna, and Taranto presiding; Opinion by Prost, J.) (Appeal from D. Del., Andrews, J.).

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Proud Boys Atty Beats Researcher's IP Claim In Mixed Verdict

IP Law 360

A Washington, D.C., federal jury Tuesday cleared an attorney who defended a Proud Boy accused of attacking the U.S. Capitol of infringing a Texas-based researcher's copyright, but found that the attorney owes the researcher $77,000 for skipping out on his bill.

IP 52
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TTAB Upholds Reputation Outside of U.S. as Ground for Opposition

JD Supra Law

In the recent precedential decision Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025), the U.S. Trademark Trial and Appeal Board found that an Opposer had standing to challenge registration of a mark, even though it did not sell products under the asserted mark into the U.S. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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GSK Urges Del. Judge To Enhance $235M Skinny Label Win

IP Law 360

GlaxoSmithKline LLC is urging a Delaware federal judge to enhance the $235 million damages award a jury issued against Teva Pharmaceuticals USA Inc. in 2017, now that the dispute over skinny label infringement has returned to district court.

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K&C Sports & Entertainment Law Weekly Roundup - January 2025 #3

JD Supra Law

Fitbit will pay a civil penalty of $12.25 million after it knowingly failed to immediately report a defect in its Ionic smartwatches that caused dozens of people to sustain burn injuries, the Consumer Product Safety Commission (CPSC) said Thursday.

Law 64
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Arguments Lined Up Against NCAA's $2.8B NIL Settlement

IP Law 360

A prominent plaintiffs-side sports attorneyis joining the Department of Justice and a handful of athletes in trying to stop the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, which he says would impose "a price fix [that] harms athletes.

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Published Patent Applications as Prior Art:  Filing, Not Publication, is Everything 

JD Supra Law

The Federal Circuit recently addressed a deceptively straightforward question: does a published U.S. patent application qualify as prior art as of the applications filing date in inter partes review (IPR) proceedings? Lynk appealed the PTABs reliance as a prior art printed publication on a patent application filed before but published after Lynks patent based on the general requirement that printed publication be publicly accessible and interpretation of the statutory term printed.

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Baker Botts Atty Says Inventor's Defamation Claims Are False

IP Law 360

A Baker Botts LLP partner hit back Tuesday against a patent-licensing company executive's claims that she made defamatory statements about him related to infringement litigation over a patent for a mobile restaurant ordering app with personalized suggestions.

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Not Maintaining an Up-to-Date Inventory of Art and Collectibles for Estate Planning

JD Supra Law

A well-organized inventory is essential for effectively managing and planning the distribution of collectibles, including art. Clients may struggle to track their assets without an inventory, making future distribution and estate planning significantly more challenging.

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Pharma Co. Gets Final Shot To Ax NC Contract Breach Suit

IP Law 360

A pharmaceutical company can make another attempt to escape a software developer's suit alleging he was duped into selling his technology to the company, the North Carolina Business Court has said, months after the state's top court revived the software maker's breach of contract claims.

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When Life Gives You Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement in the UK

JD Supra Law

On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers registered trade mark under section 10(3) of the Trade Marks Act 1994, by taking unfair advantage of Thatchers packaging trade mark (see comparison below).

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Judge Says The Comfy Sweatshirt Injunction Wasn't Violated

IP Law 360

The startup behind The Comfy, a large and heavy sweatshirt featured in an episode of "Shark Tank," failed Tuesday to convince a federal judge in Arizona that a rival was breaking an injunction by deliberately selling infringing sweatshirts on Amazon in an $18 million patent and trademark case.

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Similar Claims in Prior IPR Petition Leads to Denial

JD Supra Law

The PTAB recently denied institution of inter partes review of a patent directed to deep packet inspection in software defined networks in Juniper Networks, Inc. v. Orckit Corporation, IPR2024-00895. Applying the General Plastics factors which guide the PTABs discretion to deny follow-on petitions, the PTAB found that Petitioners previously filed petition on different but similar claims to the present petition weighed in favor of dismissal.

Patent 61
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OpenAI Must Hand Over GPT-4 Dataset In Authors' IP Fight

IP Law 360

A California federal judge on Tuesday ordered OpenAI Inc. to produce a dataset used to train the company's flagship GPT-4 model to counsel representing a proposed class of authors in their high-stakes copyright infringement battle, rejecting OpenAI's argument that handing over the dataset poses too many security issues.

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[Webinar] Canadian patent law 2024: a year in review - February 11th, 12:00 pm - 1:00 pm ET

JD Supra Law

2024 was an active year in Canadian patent law. Canadian courts issued several decisions on the merits regarding invalidity and/or infringement, and considered due care in the context of paying maintenance fees, regulatory issues related to patented medicines, and remedies available when a patent is infringed, among other patent related issues.

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Pearl Cohen Expands To Bay Area Via IP Firm Merger

IP Law 360

Pearl Cohen Zedek Latzer Baratz LLP has merged with San Francisco-based intellectual property firm Vierra Magen Marcus LLP, the firm has announced.

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While There is an Active Utility Application, There is Design Hope

JD Supra Law

Like many patent owners or aspiring patent owners, at some point you may have found yourself in a situation where design protection was needed, but all you had was narrow utility protection.

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'Godfather' Of AG Defense Retiring From Cozen O'Connor

IP Law 360

Bernard "Bernie" Nash, an attorney who pioneered the practice of defending companies against investigations by state attorneys general, is retiring from Cozen O'Connor and handing over the reins to his handpicked successors after nearly 50 years in private practice.

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Patent Poetry: Patent Office Issues New Guidance for AI-Assisted Inventions as Applications Surge

JD Supra Law

The US Patent and Trademark Office (USPTO) has issued new guidance on how inventorship is to be analyzed for inventions developed in part with the help of artificial intelligence (AI) systems.

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What Public View Of CEO's Killing Means For Corporate Trials

IP Law 360

Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

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AI IP Year in Review - Five Key Takeaways from the 2024 House Judiciary Hearing on AI-Assisted Inventions and Creative Works

JD Supra Law

As companiesand more recently, courtshave struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have held public hearings to address how, if at all, AI should be regulated and to what extent IP rights should inhere in AI-assisted inventions and creative works.

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Intellectual Property Group Of The Year: WilmerHale

IP Law 360

Attorneys at WilmerHale have had a banner year, reversing a $2.2 billion jury verdict on appeal and defeating government patent claims against a pharmaceutical company, earning the firm a spot among the 2024 Law360 Intellectual Property Groups of the Year.