Fri.Apr 04, 2025

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Blurring the Line Between the Dry and Wet Lab: Joint Inventorship in AI-Assisted Life Science Inventions

JD Supra Law

In 2024, not one but two Nobel Prizes (in Chemistry and Physics) were awarded to researchers for their work in artificial intelligence ("AI"). Particularly noteworthy for the life science community is the Nobel Prize in Chemistry, awarded to David Baker for "the almost impossible feat of building entirely new kinds of proteins" and to Demis Hassabis and John M.

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Other Barks & Bites for Friday, April 4: CAFC Corrects Date of Public Accessibility in Trade Secret Appeal; Sixth Circuit Issues Divided Opinion in Data Privacy Appeal; and OpenAI Urges Broad Copyright Exception in UK

IP Watchdog

This week in Other Barks & Bites: the Federal Circuit issues precedential opinions clarifying that patents must be granted with exclusionary rights to receive provisional rights to reasonable royalties, and correcting the Eastern District of Texas courts analysis on the date of public accessibility in a trade secret misappropriation case; Ericsson and Lenovo reach a cross-licensing agreement the same week that Nokia and Amazon settle all litigation; and more.

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Court Grants Interlocutory Appeal on AI Fair Use Issue

JD Supra Law

We previously reported on the groundbreaking AI Fair Use ruling in the Thomson Reuters Ross Intelligence case, where the court found that based on the facts of this case fair use was not a defense. Ross Intelligence moved, pursuant to 28 U.S.C. 1292(b), for certification of the Courts Order, for interlocutory appeal and for a stay pending that appeal.

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Perplexity AI Tries To Cancel TM In Software Co. IP Fight

IP Law 360

Perplexity AI Inc. has launched its counteroffensive against a California federal court suit accusing it of trademark infringement by asking the court to cancel the trademark at the heart of the case brought earlier this year by a software company.

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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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Hatch-Waxman Requires Patent Term Extension for Reissued Patents To Be Based on Original Patent

JD Supra Law

The Federal Circuit held in Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., 23-2254 that a reissued patent receives patent term extension (PTE) based on the issue date of the original patent, not the reissue patent, agreeing with the district court. Here, the Court found that Merck was entitled to a five-year PTE on its reissued patent, holding that [a] reissued patent is entitled to PTE based on the original patents issue date where, as here, the original patent included the same.

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Nokia Reaches Deal Before EDTX Patent Trial, T-Mobile Still On

IP Law 360

Nokia has settled out of a lawsuit accusing its equipment customer, T-Mobile, of infringing a Dallas-based patent business' wireless communications patents, according to a settlement notice filed Friday in Texas federal court, leaving T-Mobile and its other network equipment supplier, Ericsson, to face trial April 5.

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AbbVie Says Aurobindo's Rinvoq Generic Infringes Patent

IP Law 360

AbbVie on Friday launched a patent infringement lawsuit in Delaware federal court over Aurobindo Pharma's tentatively approved generic version of the blockbuster immunosuppressant Rinvoq, the latest in a series of intellectual property litigation over the treatment.

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[Video] The Briefing: ER Redux? The Anti-SLAPP Motion That Didn’t Stick

JD Supra Law

The estate of ER creator Michael Crichton is suing Warner Brothers, claiming their new medical drama The Pit is a derivative of ER. IP and Entertainment attorneys Scott Hervey and Jessica Corpuz discuss this case on this episode of The Briefing.

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Inventor Gets Chance To Clear Up Infrared Detector IP Suit

IP Law 360

A Court of Federal Claims judge has found that an inventor's claims that the federal government infringed or authorized the infringement of infrared detector patents aren't sufficient at this point but gave him the opportunity to amend his case.

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[Audio] (Podcast) The Briefing: ER Redux? The Anti-SLAPP Motion That Didn’t Stick

JD Supra Law

The estate of ER creator Michael Crichton is suing Warner Brothers, claiming their new medical drama The Pit is a derivative of ER. IP and Entertainment attorneys Scott Hervey and Jessica Corpuz discuss this case on this episode of The Briefing.

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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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Judge Details Preserving IP Claims Against Microsoft, OpenAI

IP Law 360

A New York federal judge on Friday explained a decision from March that kept intact news organizations' direct and contributory copyright infringement claims accusing Microsoft and OpenAI of copying their content to train generative artificial intelligence models.

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Innovation Madness: The Ultimate Basketball Patent Bracket – Round 2 – 14 inventions. 1 champion. Who will cut down the net?

JD Supra Law

When we kicked off Innovation Madness: The Ultimate Basketball Patent Bracket, we asked one simple question: Which basketball invention truly changed the game?

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11th Circ. Revives Aircraft Co.'s Deal Suit Against Boeing

IP Law 360

The Eleventh Circuit on Friday revived a defunct aircraft maintenance company's trade secret case against Boeing amid a long-running contract dispute and allowedthe company to pursue damages for unjust enrichment after finding it wouldn't be duplicative of the $2.1 million jury award it won at trial in 2020 for its breach of contract claims.

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Federal Circuit Reverses International Trade Commission on Patent Eligibility for Composition-of-Matter Claims

JD Supra Law

On February 13, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision reversing the International Trade Commission finding that US Synthetics composition of matter claim was not patent-eligible under 35 U.S.C. 101.

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Toyota Wins Patent Case Against UNM In Texas Court

IP Law 360

A Texas federal court has shot downa lawsuit against Toyota Motor North America Inc. over a University of New Mexico wireless communications patent after finding that the Federal Circuit already invalidated "the sole claim ever asserted in this case.

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Large Entity, Small Entity or Micro-Entity: Which Type of Patent Applicant Are You? - UPDATED 4/3/25

JD Supra Law

When applying for a patent application, certain entities are entitled to reduced USPTO filing fees. Applicants who qualify for small entity status can reduce many USPTO fees by 60%. Applicants who are micro entities can reduce certain fees by 80%. An applicant who is neither a small entity nor a micro-entity is a large entity and must pay standard fees.

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Fed. Circ. Says AMS' $48M Trade Secrets Win Needs More Math

IP Law 360

The Federal Circuit ruled Friday that a Texas federal court will need to take yet another look at the prejudgment interest calculation in a $48 million-plus judgment in a trade secrets case between chipmakers AMS and Renesas over stolen light sensor technology that has been in the courts for nearly two decades.

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[Guest post] Who will run the world – Beyoncé or quasi-Beyoncé?

The IPKat

The IPKat has received and is pleased to host the following guest contribution by former PermaKat Nicola Searle (Goldsmiths, University of London), drawing some parallels between the current copyright debates and those of the 2010s, and discussing the substitutability of copyright works. Here is what Nicola writes: Who will run the world Beyonc or quasi-Beyonc?

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Texas Justices Deny UnitedHealthcare, Humana Records Row

IP Law 360

The Texas Supreme Court declined Friday to take up a dispute between United HealthCare Services Inc. and Humana Insurance Co. over whether UnitedHealthcare should have to turn over Medicare documents connected to a state retirement plan.

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The Great Indian Cancer Information Treasure Hunt

SpicyIP

Image generated by ChatGPT. [ This post has been co-authored by Swaraj and Sabeeh. Long post ahead ] Cancer incidences continue to increase in India, with over 1.46 million estimated new cases diagnosed annually as of 2022 and predicted to rise to 1.57 million cases by 2025 (More on these numbers later!). The continuous interaction of public health priorities with IP laws have been mainstream discussion for a long time now.

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Protecting Brand Identity In An AI-Driven Marketplace

IP Law 360

A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of and challenges surrounding IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.

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LaLiga/Cloudflare Crisis: ISPs Urged to Action Amid Mass Overblocking

TorrentFreak

When rightsholders feel that conditions are optimal, site-blocking measures are presented to countries as a proportionate, precise, and entirely reasonable response to rampant piracy. Should there be a need for new legislation, care should be taken to provide room for rightsholders to maneuver, to ensure that adaptive pirates are placed under maximum continuous pressure.

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Off The Bench: City Sues Sportsbooks, Ex-NFLer Battles TMZ

IP Law 360

In this week's Off The Bench, Baltimore joins the fight against promotional tactics by DraftKings and FanDuel, Terrell Owens tries to protect a trademarked catchphrase, and a trial over a child's injuries at a golf facility draws closer.

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Unfinished Copy of ‘A Minecraft Movie’ Leaks on Pirate Sites

TorrentFreak

More than a decade ago, Mojang Studios announced that it was working on a Minecraft movie together with Warner Bros. The film had been scheduled for a 2022 release, but was delayed due to the COVID-19 pandemic among other factors. Today, ‘ A Minecraft Movie ‘ will finally see its American box office premiere. While it’s too early to say whether it will be a blockbuster hit, the film already has the dubious honor of being linked to an extremely rare event; the leak of an unfinis

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This past week in London has seen Russian industrialist Oleg Deripaska target the intelligence arm of CT Group with a commercial fraud claim, Big Technologies sue its former CEO for allegedly concealing interests in several shareholders, and an investment firm tackle a professional negligence claim by Adidas. Here, Law360 looks at these and other new claims in the U.K.

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PTAB Announces a Bifurcated Process for Consideration of IPR and PGR Petitions

JD Supra Law

A new interim process for the acting director to exercise discretion as to whether to institute an inter partes review ("IPR") or a post-grant review ("PGR") was announced on March 26, 2025, in which discretionary considerations and merit-based statutory considerations are bifurcated.

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Birding Makes Me a Better Lawyer

IP Law 360

Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

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PTAB Pendulum Swings in Favor of Discretionary Denial

JD Supra Law

Recent developments at the USPTO suggest a significant shift in favor of the PTAB exercising discretionary denial and uncertainty on behalf of parties to PTAB proceedings. .

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Westlaw Rival Gets Early Appeal Of 1st Fair Use AI Ruling

IP Law 360

The Third Circuit will be the first appeals court to weigh in on a dispute over using copyrighted material to train artificial intelligence systems after a Delaware federal court on Friday granted permission to send up questions from ROSS Intelligence Inc. over the copyrightability of Thomson Reuters' Westlaw headnotes and fair use.

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USPTO Memorandum Bifurcating PTAB Institution Process Signals Shift Toward Increased Discretionary Denials in IPR and PGR

JD Supra Law

New Interim Process for Patent Trial and Appeal Board Workload Management - The USPTO has fundamentally altered the PTAB institution decision framework through a March 26, 2025, memorandum from Acting Director Coke Morgan Stewart. In a significant departure from existing practice, the memorandum details the Acting Directors decision to bifurcate discretionary denial determinations from merits-based reviews.

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THE FUTURE OF INTELLECTUAL PROPERTY IN NEUROTECHNOLOGY

Intepat

INTRODUCTION Neurotechnology is the new frontier of technological growth and progress. It is a field of technology related to the integration of the human brain with computer-interfaces. Initially, neurotechnology was only an exploratory science focused on research. In recent times, however, this field has rapidly transitioned into one of commercial significance.

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Second and Third drafts of the General-Purpose AI Code of Practice have been released

Kluwer Copyright Blog

Photo by BoliviaInteligente on Unsplash Last year we reported on the European AI Office facilitating the drawing-up of the General-Purpose AI Code of Practice (the Code ). The first draft of the Code was published on 14 November 2024. Our article on the first draft of the Code can be found here. This blog post is to report on the updates in the second and third drafts of the Code.

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ORIGINAL OR FAKE? COPYRIGHT INFRINGEMENT IN ART FORGERY

Intepat

INTRODUCTION The problem of art forgery has been an issue in the art world for centuries, posing serious challenges for artists, galleries, collectors and legal professionals. The global art market is full of problems related to establishing authenticity and discovering forgery or fraud. To people involved in this industry, deceptive practices are a common occurrence, making it difficult to preserve the integrity of their institutions and the art works.

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TTAB Grants HALFANIMAL Cancellation Petition on the Ground of Abandonment

The TTABlog

The Board granted a petition for cancellation of Jesus " Half Animal " Villa's 2008 registration for the mark HALFANIMAL for "Beanies; Hats; Pants; Shorts; Sweat pants; Sweat shirts; Sweat shorts; Sweat suits; T-shirts; Wind resistant jackets" on the ground of abandonment. It declined to reach Petitioner Garan's Section 2(a) false association claim predicated on Garan's registered GARANIMALS mark for clothing.

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No Provisional Rights for Expired Patents

Patently-O

by Dennis Crouch In a unique decision, the Federal Circuit has dismissed an appeal seeking to obtain a patent that would have issued after its expiration date. In re Forest , No. 2023-1178 (Fed. Cir. Apr. 3, 2025). The dismissal on jurisdictional grounds holds that the would-be patent owner (here, the inventor) has no standing to appeal because any resulting patent would have no zero patent term.

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