Wed.Nov 20, 2024

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Copyright and Content Protection on Bluesky

Plagiarism Today

Bluesky has reached over 20 million users and is adding more every second. But how is it on matters of copyright and content protection? The post Copyright and Content Protection on Bluesky appeared first on Plagiarism Today.

Copyright 242
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USPTO’s Final Rule on FY 2025 Patent Fees Drops Divisive Proposals for Across-the-Board Hikes

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today published a final rule announcing across-the-board fee increases of 7.5% but scrapping the most controversial proposals from its April 2024 Notice of Proposed Rulemaking (NPRM). The changes will take effect as of January 19, 2025.

Patent 104
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3 Count: Dancing with Sony

Plagiarism Today

Sony settles lawsuit over Whitney Houston biopic, Asian News International sues OpenAI and HarperCollins inks deal with AI company. The post 3 Count: Dancing with Sony appeared first on Plagiarism Today.

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Google Beats EcoFactor Patent Case Over Nest

IP Law 360

Google has persuaded a California federal court to nip in the bud one of the newer patent lawsuits targeting its Nest smart home brand, winning a ruling that found an air conditioner capable of "calculating and comparing thermal efficiency" wasn't enough for a patent.

Patent 98
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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 Litigation Insights

JD Supra Law

Dow Jones & Company, Inc. and NYP Holdings, Inc. v. Perplexity AI, Inc. - Plaintiffs Dow Jones and Company, Inc. and NYP Holdings, Inc., publishers of The Wall Street Journal and New York Post, (collectively, Plaintiffs), have filed a lawsuit in the Southern District of New York against defendant Perplexity AI, Inc. (Perplexity AI), a San Francisco-based artificial intelligence company.

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USPTO Unveils Patent Fee Hikes Set To Take Effect In January

IP Law 360

The U.S. Patent and Trademark Office on Wednesday released a final rule that will increase many patent-related fees on Jan. 19, recalibrating some proposed hikes that had drawn criticism from attorneys and industry groups while leaving others intact.

Patent 98

More Trending

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Nike Accused Of 'Smear Campaign' Over $60M Trademark Suit

IP Law 360

A Los Angeles-based company that made customized sneakers for celebrities and athletes hit back Tuesday at Nike's $60 million trademark suit, saying that despite the companies' previous collaborations, Nike is now making knowing false claims in a "smear campaign" to crush its business.

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The use of generative AI in advertising: Legal pitfalls to look out for in the UK

JD Supra Law

In the last couple of years, generative artificial intelligence (AI) has emerged as a transformative tool for the advertising industry, promising unprecedented efficiency and cost savings and innovative ways of creating content. However, alongside its potential benefits, businesses are confronted with a host of new legal challenges. Key areas of concern include compliance with advertising regulations and consumer protection law as well as intellectual property issues.

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'Ambush' At Patent Trial Led To $22M Loss, ASUS Says

IP Law 360

Taiwanese computer company ASUSTeK and the California owner of patents it infringed lambasted each other in post-trial motions filed in Texas federal court, with ASUS seeking to vacate a $22 million verdict due to the patentee's "ambush" tactics, and the patentee wanting its award doubled for ASUS' "pirate-like behavior.

Patent 52
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[Video] Bringing Your Cannabis Brand to New York

JD Supra Law

New York's cannabis market is rapidly growing, with consumer demand increasing for all product types. If you're exploring an expansion into the Empire State, now is the time to make moves. But before you jump in, many corporate and regulatory factors must be considered, including navigating complicated regulations and structuring compliant agreements.

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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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Attys Slam Deceptive NIL Settlement Services In NCAA Case

IP Law 360

Class counsel in the massive NCAA name, image and likeness lawsuit have asked a California federal court to intervene with third-party servicing companies that are using misleading information while offering claims-filing services to class members in order to profit from the proposed $2.78 billion settlement.

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EU AI Office Publishes a First Draft of the General-Purpose AI Code of Practice

JD Supra Law

On November 14, 2024, the EU AI Office published a first draft of the General-Purpose AI Code of Practice (draft Code), the first of four drafting rounds that will conclude in April 2025.

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Microsoft Defeats Eye Contact Feature Patent At PTAB

IP Law 360

The Patent Trial and Appeal Board has invalidated claims in a RealD Spark patent it alleged were infringed by Microsoft's eye-contact feature, the latest decision in a broader legal battle.

Patent 52
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New ANDA Cases - Federal District Court Cases That Are Filed Pursuant to the Hatch-Waxman Act

JD Supra Law

This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act. It also includes the same information for proceedings before the Patent Trial and Appeal Board concerning Orange Book-listed patents.

Patent 69
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Apple Tapped With Patent Suit Over IMessage 'Tapbacks'

IP Law 360

A lawsuit filed Wednesday in the Southern District of New York accuses Apple of infringing two patents through some of the newer features of its iMessage app that allow people to react and respond to particular texts.

Patent 52
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Is Vintage Brand's Use of Penn State-Related Images Likely to Confuse Consumers as to Their Source? That Is the Central Question at Trial

JD Supra Law

This week, a Pennsylvania jury is hearing argument in a trial that will decide The Pennsylvania State University's trademark infringement claims against Vintage Brand, LLC, its affiliated company, and its owner. According to court records, Vintage Brand selects and scans images from sports memorabilia to print them on blank products, such as apparel and other items.

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Ohio Mortgage Co. Gets Rival To Change Name In TM Fight

IP Law 360

A Michigan mortgage company has agreed to change its name to end a trademark infringement lawsuit brought by a rival business in Ohio that claimed it was fielding complaints from confused customers over allegedly questionable telemarketing practices.

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Slogans in Brazil: BPTO to Start Registering Trademarks with Advertising Expressions

JD Supra Law

In October, the Brazilian Patent and Trademark Office (BPTO) announced a new interpretation regarding the registrability of advertising elements. This new approach adopts a less restrictive stance, paving the way for the legal protection of slogans and advertising expressions as trademarks in Brazil.

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5 Charged For 'Scattered Spider' Phishing Hacks, Crypto Theft

IP Law 360

California federal prosecutors unveiled a criminal case Wednesday accusing five alleged members of the "Scattered Spider" cybercrime group of using a phishing scheme to access the confidential data of media and technology companies and steal $11 million worth of cryptocurrency from digital wallets.

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BPCIA Lawsuit Against Accord’s Proposed Prolia® / Xgeva® Biosimilar Filed by Amgen

JD Supra Law

On November 13, 2024, Amgen filed Case No. 5:24-cv-00642 (E.D.N.C.) against Accord BioPharma and Intas Pharmaceuticals, alleging INTP23, their proposed Prolia® / Xgeva® (denosumab) biosimilar, would infringe 34 of Amgen’s patents. The patents asserted include two with composition claims, four with composition of matter claims, 32 with manufacturing claims, and one with claims directed to host cells.

Patent 64
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Judge Keeps Emails Redacted In Apple Foe's FOIA Row

IP Law 360

The patent office convinced a D.C. federal judge Wednesday to keep in place redacted portions of six emails detailing the agency's response to a Freedom of Information Act request from a longtime legal foe of Apple Inc. that is suing the agency to find out more about administrative decisions that wiped out a $533 million jury verdict.

Patent 52
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5 Key Takeaways - Alice at 10: A Section 101 Update

JD Supra Law

It’s been 10 years since Alice was decided. Kilpatrick’s Steve Borgman and Andrew Saul recently presented at the 29th Annual Advanced Patent Law Institute in Austin, Texas, on recent cases and trends in the courts and the USPTO involving Section 101, as well as some of the highlights (or lowlights) in the 10 years since Alice. In addition, tips for litigation and prosecution were provided.

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How AstraZeneca Ruling Could Change Dosage Patent Claims

IP Law 360

If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.

Patent 52
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U.S. Trademark Fee Changes and Increases Coming January 18, 2025—What Trademark Owners Should Know  

JD Supra Law

The United States Patent and Trademark Office (PTO) has issued its Final Rule with adjusted filing fees at all stages of trademark application and maintenance filings. The fee increases, which take effect on January 18, 2025, aim to provide sufficient financial resources to facilitate the effective administration of the trademark systems, while a new framework for application filing fees with surcharges aims to incentivize standard applications, decrease office actions during the examination of.

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Citing Fintiv, PTAB Rejects Samsung's Challenge To Patent

IP Law 360

The Patent Trial and Appeal Board has shot down Samsung's challenge to a Pictiva Displays patent covering technology used in features like smartphone flashlights, citing parallel district court litigation over the same patent.

Patent 52
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USPTO Finalizes Fee Increases for 2025: What to Expect in the New Year and What to do Now

JD Supra Law

The United States Patent and Trademark Office (USPTO) announced today the finalized fee increases taking effect on January 19, 2025. While applicants can still expect significant increases in certain areas, some proposed fee increases were not implemented following pushback from public commentators. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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RJ Reynolds Loses Early Exclusion Bid In ITC Vape IP Case

IP Law 360

A U.S. International Trade Commission judge has refused for now to block imports of certain vape products during an investigation into R.J. Reynolds' allegations that a variety of companies were infringing an electronic smoking patent.

IP 52
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Fostering Innovation in Personalized Medicine: The Patent Eligibility Restoration Act

JD Supra Law

A planned vote in the Judiciary Committee on the Patent Eligibility Restoration Act (PERA) was recently delayed in the Senate. The bill was introduced by Sens. Chris Coons, D-Del., and Thom Tillis, R-N.C., in 2023. It previously was scheduled for a vote in the Judiciary Committee in September before it was delayed until after the 2024 election.

Patent 58
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Atty Seeks Ruling Letting Him Sell Unlicensed NFL Merchandise

IP Law 360

A man representing himself pro se has argued in a New York federal complaint that he should be allowed to sell unlicensed National Football League merchandise that features team designs and logos, because his use is "functional" and allowed without a license.

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"SURVIVAL + Greek Cross Design" Fails to Function as a Trademark for First Aid Kits, Says TTAB

The TTABlog

The Board upheld a refusal to register the proposed mark shown below for "first aid kits" [SURVIVAL disclaimed] on the ground that the supposed mark "would be perceived as merely informational matter and thus fails to function as a trademark" for the identified goods. The Board found that each of the elements of the mark - the white Greek cross on a green background, the word SURVIVAL, and the red rectangle - are non-distinctive both alone and in combination.

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Keep Your Briefs Brief, LA Federal Judges Tell IP Lawyers

IP Law 360

A group of Los Angeles federal judges urged local intellectual property lawyers during a courthouse panel Wednesday to keep their briefs succinct and not repeat the same points verbatim during oral arguments.

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Proof that TV doesn’t harm kids, Butch!

Likelihood of Confusion

Originally posted 2006-02-20 21:00:46. Republished by Blog Post PromoterSlate explains how Likelihood of Confusion did it: If anything, the data revealed a small positive uptick in test scores for kids who got to watch more television when they were young. For kids living in households in which English was a second language, or with a […] The post Proof that TV doesn’t harm kids, Butch!

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Atty From Telecom Biz Joins IP Firm Panitch Schwarze

IP Law 360

Panitch Schwarze Belisario & Nadel LLP has hired an attorney with extensive in-house experience in the tech industry to help enhance the intellectual property services it offers to its clients.

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[Audio] #WorkforceWednesday®: Beyond Non-Competes - IP and Trade Secret Assessment Strategies for Employers - Spilling Secrets Podcast - Employment Law This Week®

JD Supra Law

This week, on our Spilling Secrets podcast series, our panelists outline the benefits of intellectual property (IP) audits and trade secret assessments for employers and organizations looking to safeguard their assets: With non-compete agreements facing continual legal pressure, what are some other ways employers can protect their trade secrets and IP?

IP 69
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Weil Litigation Leaders Jump To Paul Weiss In NY

IP Law 360

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.