Thu.Mar 20, 2025

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Marvel Snap Accused of Plagiarizing Fan Art

Plagiarism Today

Fans are claiming that artwork from the game Marvel Snap plagiarized fan creations. How serious are the allegations and do they matter? The post Marvel Snap Accused of Plagiarizing Fan Art appeared first on Plagiarism Today.

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Women @ RopesTalk: Conversation with Jan Sbarbaro, Lyric

JD Supra Law

On this episode of Women @ RopesTalk hosted by IP transactions and licensing partner Megan Baca, IP transactions partner Emily Karlberg returns for another engaging conversation, this time with Jan Sbarbaro, the chief legal & compliance officer and corporate secretary of Lyric, a platform-based healthcare technology company, committed to simplifying the business of care by preventing inaccurate payments and reducing overall waste in the healthcare ecosystem.

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3 Count: Christmas Blues

Plagiarism Today

Miley Cyrus must face Flowers' lawsuit, Limp Bizkit's lawsuit against UMG survives, and Mariah Carey wins dismissal of "Christmas" lawsuit. The post 3 Count: Christmas Blues appeared first on Plagiarism Today.

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How the Lashify Decision Could Expand IP Enforcement Strategies at the ITC to Protect U.S. Domestic Industry

JD Supra Law

A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing products into the U.S.

IP 111
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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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Robinson Bradshaw Adds Ex-FBI Deputy Chief Of Staff

IP Law 360

Robinson Bradshaw & Hinson PA has hired a former FBI deputy chief of staff, whose new role will focus on representing clients in complex internal investigations similar to those he led in a previous position at the Justice Department, the firm announced.

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An Obvious Solution to an Unknown Problem?

JD Supra Law

IMMUNOGEN, INC. v. STEWART - Before Lourie, Dyk, and Prost.Appeal from the United States District Court for the Eastern District of Virginia. A solution to a problem can be obvious even when the problem itself was unknown in the prior art.

Art 68

More Trending

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All Shimmer and No Shine: Magistrate Judge Willis Recommends Granting Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim

JD Supra Law

Recently, Magistrate Judge Jennifer E. Willis issued a Report and Recommendation recommending that defendants motion to dismiss pro se plaintiff Andrew Walker, Jr.s (Walker) Second Amended Complaint be granted for lack of personal jurisdiction in Walker v. Kosann, No. 23-CV-4409 (S.D.N.Y.).

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Industry Groups Criticize Withdrawal Of PTAB Denial Memo

IP Law 360

Groups representing major industries have written to the White House expressing "grave concern" about the patent office's withdrawal of a guidance memo limiting when patent challenges can be denied, and large tech companies told a court the office's move bolsters their case against such denials.

Patent 52
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New USPTO Continuation Fee: A Hidden Trap for Patent Filers

JD Supra Law

The United States Patent and Trademark Office (USPTO) recently introduced a Continuing Application Fee (CAF) to address the growing backlog of continuing applications and encourage timely prosecution. Effective January 19, 2025, this fee applies to certain continuing applications based on their timing relative to the earliest benefit date (EBD).

Patent 65
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Sanyo Owes $1 In Touchscreen Tech Case, Judge Finds

IP Law 360

An electronics manufacturer on Thursday was awarded $1 in damages by a Michigan federal judge after it prevailed on its claim that SanyoNorth America Corp. wrongly used its touchscreen technology to develop a vehicle console for General Motors.

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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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Federal Circuit: Reissue Patents Get PTE Based on the Original Patent’s Issue Date

JD Supra Law

On March 13, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed a five-year patent term extension (PTE) for Mercks sugammadex patent, holding that the district court had correctly calculated PTE based on the issue date of the original patent rather than the issue date of the reissued patent. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Patent 65
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NJ Military Co. Says Ex-Director Took Trade Secrets To Rival

IP Law 360

A New Jersey company that produces lubricants for military artillery sued a former employee Wednesday, claiming he took the company's proprietary information and set up a rival company making a nearly identical product.

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IPR Standing Arguments Not Presented to the Board Are Forfeited

JD Supra Law

APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC - Before Moore, Prost, and Stoll. Appeal from the Patent Trial And Appeal Board. A patent owner forfeits its argument that an IPR petitioner lacks standing under 35 U.S.C. 315(e)(1) when it fails to present the argument to the Board.

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No Enhanced $192M Verdict, Gilstrap Tells Samsung Foe

IP Law 360

U.S. District Judge Rodney Gilstrap decided Thursday that tripling a $192 million willful patent infringement verdict against Samsung "is not warranted," finalizing a judgment against the smartphone maker over wireless charging devices used with Galaxy phones.

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Design Patent Obviousness

JD Supra Law

The landscape of design patent law has recently evolved with the introduction of a new standard for determining obviousness. For decades, theRosen-Durlingtest was used to assess obviousness of design patents.

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Samsung's Phone Screen Patent Case Dies At ITC

IP Law 360

Samsung has failed to convince the U.S. International Trade Commission to second-guess an administrative law judge who decidedlast year that the smartphone giant could not bring a patent case at the agency against a major Chinese rival that makes replacement screens for smartphones.

Patent 52
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The Board Must Provide Reasoned Explanation When Discarding Material, Unrebutted Evidence

JD Supra Law

CQV CO., LTD. v. MERCK PATENT GMBH - BeforeCunningham, Chen, and Mayer. Appeal from the Patent Trial and Appeal Board. The Board erred by failing to explain why it discarded material and unrebutted evidence that a reference constitutes prior art.

Art 59
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Mariah Carey Gifted Legal Win In 'Christmas' Song IP Suit

IP Law 360

A California federal judge on Wednesday tossed a copyright infringement lawsuit against Mariah Carey and others over her song "All I Want For Christmas Is You" and sanctioned the two songwriters who sued for filing a summary judgment motion with "frivolous legal arguments" and "irrelevant and unsupported statements of fact.

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Weekly take: Why INTA’s investor focus should excite IP owners

Managing IP

INTAs foray into the business of law, including why IP is crucial to third-party investors, is a sign of the times

IP 52
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PTAB Labels Different Constructions Ruling As Informative

IP Law 360

The Patent Trial and Appeal Board on Thursday designated as informative a December decision shooting down Cambridge Mobile Telematics Inc.'s challenge to a car crash detection patent, saying it provides guidance on an issue involving claim construction arguments by challengers.

Design 52
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Top Five AI Procurement Questions General Counsel for Manufacturers Should Consider

JD Supra Law

Artificial intelligence (AI) is reshaping the future of manufacturing. As manufacturing operations shift back to the U.S. in response to recent tariff policies, general counsels (GCs) in the manufacturing sector face a complex landscape. While reshoring may bolster domestic production, it also introduces challenges, such as higher labor costs and a shortage of skilled workers.

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The Central Issues Facing Fed. Circ. In Patent Damages Case

IP Law 360

The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.

Patent 52
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Generative AI Risks: Legal and Compliance Insights - Part 1

JD Supra Law

Generative artificial intelligence (AI) is transforming how businesses operate, from content creation to decision-making and even legal and compliance analysis. The use of machines to perform core deliberative and inventive functions offers tantalizing potential boosts to efficiency and productivity, and businesses are responding with billions in investments and rapidly increasing rates of adoption.

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Chinese Pool Firms Banned From US Sales Until Judgment Paid

IP Law 360

A North Carolina federal judge barred multiple Chinese companies and their owner from importing and selling pool equipment in the United States until they pay off a prior $17.8 million judgment after finding them in contempt for "actively frustrating" collection efforts by moving money around despite restraining orders.

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Commercial Division Clarifies Standards for Sealing Court Records in Business Disputes

JD Supra Law

In a recent decision, the New York County Commercial Division reaffirmed the high bar that parties must meet when attempting to seal court documents in business disputes. In Linkable Networks, Inc. v. Mastercard Inc., the court ruled that Mastercard, despite having the consent of the plaintiff, was not entitled to an order sealing documents referenced in prior motion practice and produced in discovery.

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Fed. Circ. Backs PTAB Decision That Upheld Lighting IP Claim

IP Law 360

The Federal Circuit has backed a Patent Trial and Appeal Board finding that ELCO Lighting did not show that one claim of a DMF Inc. LED lighting system patent is invalid, calling one of ELCO's arguments "meritless.

IP 52
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Court Rules AI Can’t Author a Copyrighted Work

JD Supra Law

On March 18, the U.S. Court of Appeals for the Federal Circuit issued a decision in the Thaler v. Perlmutter case, which confirmed the refusal of copyright registration for a work created entirely by an artificial intelligence system. The Courts ruling was unequivocal and succinct: an AI system cannot be the recognized author of a copyrighted work because the Copyright Act of 1976 requires all eligible work to be authored in the first instance by a human being..

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Performing Stand-Up Comedy Makes Me A Better Lawyer

IP Law 360

Whether Im delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

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Ahoy! ITC Welcomes SEP Holders Navigating for The Best Venue

JD Supra Law

Given the recent unanimous decision by a UK appellate court that Ericssons injunction efforts based on standard-essential patents (SEPs) were, essentially by their very nature, hold-up and coercion that violated Ericssons FRAND obligations, and ordering Ericsson to grant a license, owners of SEPs may be looking for the best venue for asserting their rights.

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New Pirate IPTV Law: How Subscribers Will Inform Authorities Who to Fine €750

TorrentFreak

Greece has a population of around 10.4 million and worldwide, Greek is the first language of just 13 million people. Unlike content made available in English or Spanish, when Greek content starts to feel the piracy pinch, there’s no deep well of overseas markets to exploit. Increasingly, then, pressure finds itself directed inwards. Greece is no stranger to anti-piracy measures and, after having tried almost everything else, the authorities hope that fining IPTV subscription buyers will nu

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You Might Need a Lawyer if… the Judge Says you do: Judge Garnett Orders Case to be Dismissed for Failure to Secure Counsel

JD Supra Law

On March 11, 2025, District Judge Margaret M. Garnett dismissed SafeCast Limiteds (SafeCast) patent infringement lawsuit against Microsoft Corporation (Microsoft) because SafeCast failed to secure counsel. SafeCast Ltd. v. Microsoft Corp., No. 23-CV-05446 (S.D.N.Y. Mar. 11, 2025). SafeCast had been represented by the law firm Ramey LLP at the outset of that case.

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Current Roster of TTAB Judges

The TTABlog

With the retirements of Chief Judge Gerard F. Rogers at the end of 2024, and Judges Peter W. Cataldo and Karen S. Kuhlke last month, the Boards membership now stands at twenty-seven (27) Administrative Trademark Judges. The current roster is set forth below, beginning with Acting Chief Judge Thomas V. Shaw and then proceeding alphabetically. Shaw, Thomas V.

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Jepson Claim Preamble Requires Written Description Support for Conventional Aspects of the Invention

JD Supra Law

IN RE: XENCOR, INC. Before Hughes, Stark, and Schroeder (sitting by designation). Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. To provide adequate written description for a Jepson claim, the applicant must establish that what is claimed to be well known in the prior art is, in fact, well known in the prior art.

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Securing market protection for cell therapies: Patents versus regulatory exclusivity

The IPKat

Cell therapies represent incredibly exciting science and the opportunity to treat previously intractable diseases. Cell therapies nonetheless face unique challenges in the pharmaceutical marketplace. One of these challenges is ensuring that the IP strategy for a cell therapy will secure return of investment for the product. For investors and developers, a critical consideration for all pharmaceutical drug products is determining when market competition might emerge, known as loss of exclusivity

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Purchase First, TOS Presentation Second = TOS Fail–Seneca v. Homeaglow

Technology & Marketing Law Blog

This case involves the Homeaglow/Dazzle Cleaning services. The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge. Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. No dice. Here is one of the screens consumers purportedly navigated: This looks like a standard “sign-in-wrap.” It surely could be improved, but I’ve seen worse.