Thu.Mar 27, 2025

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Blockchain Evidence Accepted in Copyright Case

Plagiarism Today

In France, a court ruled that blockchain-based evidence was compelling. However, it's not a breakthrough moment for blockchain in this space. The post Blockchain Evidence Accepted in Copyright Case appeared first on Plagiarism Today.

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UN Database WIPO ALERT Helps to Facilitate Globalized Pirate Site Blocking

TorrentFreak

In Brazil, the Ministry of Justice and Public Security were scheduled to meet with National Telecommunications Agency Anatel this week to discuss a persistent piracy problem. Known as Gatonet, these unlicensed and illegal TV networks seem to rely on their connections with organized crime. Last week, the authorities said they’d shut down one such operation linked to a powerful drug trafficker known locally as Peixo.

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Compounding Problems: Recent Decisions on Tirzepatide Highlight Interplay Between FDA Anti-Compounding Enforcement and Private Intellectual Property Rights

JD Supra Law

Earlier this month, a federal district court denied the Outsourcing Facilities Associations preliminary injunction motion, which sought to preclude FDA from taking enforcement action against compounded tirzepatide products.[1] Tirzepatide is the active pharmaceutical ingredient in Eli Lilly & Co.s blockbuster weight loss and diabetes drugs Zepbound and Mounjaro.

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Federal Circuit Redefines Prior Art Requirements Under § 102(e)/102(a)(2): In re Riggs

Patently-O

by Dennis Crouch In a significant decision, the Federal Circuit has established a more rigorous test for determining when a published patent application claiming priority to a provisional application can be considered prior art as of its provisional filing date. In re Riggs , Case No. 2022-1945 (Fed. Cir. Mar. 24, 2025). The case is decided under pre-AIA 102(e), and so it is not entirely clear whether the same law applies post-AIA.

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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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A Looming En Banc Decision with Potentially Damaging Consequences – EcoFactor v. Google

JD Supra Law

For anyone following the evolving admissibility standards for expert opinions relating to patent damages, the EcoFactor v. Google case is one to watch. In December 2024, the Federal Circuit granted Googles petition for rehearing en banc to address the effect of amended Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals as they relate to admissibility of damages expert testimonyparticularly when a per-unit royalty rate is derived from three allegedly comparable lump-sum.

Patent 68
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3 Count: AI Progression

Plagiarism Today

Judge allows case against OpenAI to move forward, French fashion designer wins case with aid from blockchain and Naver Webtoon joins ACE. The post 3 Count: AI Progression appeared first on Plagiarism Today.

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Closing the PTAB Loophole: Targeting Real Threats to U.S. Innovation Without Overreaching

IP Watchdog

Protecting American innovation from foreign threats is a national priorityparticularly in strategic sectors like semiconductors, AI, and defense technologies. The United States has long relied on robust economic sanctions and export controls to protect national security and safeguard intellectual property (IP) from foreign adversaries. Despite these measures, a significant vulnerability persists: entities from sanctioned or embargoed nations can exploit a critical loophole to access the Patent T

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How Does UAE Law Protect Intellectual Property?

JD Supra Law

The UAE established an effective legal system to protect both businesses and individual assets, especially those related to intellectual property (IP). The protection of innovative ideas, technological developments, and unique brand identities is largely dependent on intellectual property rights (IPR), which promotes economic expansion and innovation.

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Let’s put the cards on the table: Are games copyrightable?

Garrigues Blog

Board games have always been a source of fun and creativity. However, beyond the gameboard and dice, an interesting legal question arises: Can these games be protected by copyright? Even though the mechanics of a game cannot be protected, both the game as a whole and its creative elements are copyrightable. The key lies in the originality and the manner in which they are expressed.

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No Copyright Protection for AI-Assisted Creations: Thaler v. Perlmutter

JD Supra Law

Dr. Stephen Thalers attempts to obtain intellectual property protection for artificial intelligence were once again shot down by the courts, when the U.S. Court of Appeals for the District of Columbia affirmed that the Copyright Act of 1976 does not protect works created entirely by AI. The courts decision in Thaler v. Perlmutter follows a similar conclusion by the U.S.

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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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TTABlog Test: Are Sexual Arousal Supplements Related to Hair Care Products Under Section 2(d)?

The TTABlog

The USPTO refused to register the mark MIM , in standard character form, for ( inter alia ) "supplements for sexual health and enhancing sexual arousal," finding confusion likely with the registered mark shown below, for hair care preparations. The marks are close enough to be confusable, but what about the goods? Are they related? In re UTI Guard, LLC , Serial No. 97295184 (March 25, 2025) [not precedential] (Opinion by Judge Mark A.

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Clear Terms of Franchise Agreement Are Enforced Against Franchisee

JD Supra Law

A recent federal court decision in T&T Management, Inc. v. Choice Hotels, Inc. underscores key contractual and operational considerations for franchisors. T&T filed suit in U.S. District Court for the District of Minnesota against Choice Hotels alleging that Choice Hotels breached a geographic exclusivity agreement and misappropriated trade secrets.

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The infinite chain of being

Likelihood of Confusion

Originally posted 2013-08-05 13:37:45. Republished by Blog Post PromoterFor increasingly desperate copyright holders such as the RIAA and its UK equivalent, the BPI, in the vain fight against a fatal paradigm shift it’s not just a matter of third-party liability: They want the presumptive right to shut down any physical or technological resource that could […] The post The infinite chain of being appeared first on LIKELIHOOD OF CONFUSION.

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USPTO Rescinds and Replaces Guidance on Discretionary Denials

JD Supra Law

On February 28, 2025, the United States Patent and Trademark Office (USPTO) rescinded a memorandum issued in June 2022 by former Director Katherine Vidal (the Vidal Memorandum) that provided guidance on discretionary denials at the Patent Trial and Appeal Board (PTAB or the Board). The now-rescinded Vidal Memorandum limited the situations in which the PTAB could discretionarily deny institution of a post-grant proceeding based on parallel district court litigations.

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Navigating Nonprofit Reporting Requirements: What to Know

Cogency Global

Nonprofit reporting ensures transparency, builds donor trust, and keeps your organization compliant. Heres what to know. The post Navigating Nonprofit Reporting Requirements: What to Know appeared first on Cogency Global.

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[Webinar] Diversifying Your IP Strategy: Key Tactics for a Well-Rounded Portfolio - April 10th, 12:00 pm - 1:00 pm ET

JD Supra Law

Protecting your intellectual property requires a strategic, multi-faceted approachare you making the most of your IP assets? Join us for a webinar, where we will cover key considerations for trade secrets, design patents, and trademarks, including best practices, common pitfalls, and unique opportunities. Learn how to determine whether to disclose or protect inventions as trade secrets, identify valuable design patent opportunities, and leverage unconventional trademarks to strengthen your.

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The Global Creative Community Stands Unified Against Unchecked AI Use

Copyright Alliance

Generative AI (GenAI) has ignited a revolution in content creation, enabling anyone to generate images, music, text, and videos with just a few prompts. While this innovation offers exciting possibilities, […] The post The Global Creative Community Stands Unified Against Unchecked AI Use appeared first on Copyright Alliance.

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7 Things Businesses Should Consider When Using AI

JD Supra Law

Artificial intelligence (AI), machine learning algorithms, and other emerging technologies impact nearly every business and industry. The rapid deployment of Generative AI (GenAI) is reshaping how organizations do business while also creating uncertainties and complexities across industries. Awareness is key and a proactive approach is essential.

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Mercedes Scores USPTO Review Of PTAB Loss

IP Law 360

The acting U.S. Patent and Trademark Office director wants a review of an administrative patent board ruling that rejected Mercedes-Benz's efforts to invalidate a processor patent issued over a decade ago to engineers at Intel and later assigned to a company that's asserting it against automakers and others.

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USC Faces the Music: Sony Music Sues USC for Unauthorized Use of Sound Recordings in Social Media

JD Supra Law

Sony Music Entertainment and its affiliate record labels have filed a lawsuit against the University of Southern California (USC) for copyright infringement.

Music 73
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Fed. Circ. Revives Recor's PTAB Challenge To Medtronic IP

IP Law 360

The Federal Circuit on Thursday revived medical technology company Recor Medical's challenge to a MedtronicIreland Manufacturing patent on a way to treat heart and renal failure, telling the Patent Trial and Appeal Board to once again review the fight.

IP 52
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Two Bills Introduced to Target “Patent Thickets” and “Product Hopping”

JD Supra Law

On March 17, 2025, a bipartisan group of senators introduced two bills intended to decrease the cost of prescription drugs. The sponsors include Chuck Grassley (R-Iowa), John Cornyn (R-Texas), Richard Blumenthal (D-Conn.), and Dick Durbin (D-Ill.). Passage of one or both may alter patent portfolio management and patent litigation strategy for pharmaceuticals and biologics.

Patent 70
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Dua Lipa Beats Claim 'Levitating' Ripped Off 1979 Disco Song

IP Law 360

Grammy-winning singer Dua Lipa's chart-topping song "Levitating" did not infringe a 1979 disco song, a New York federal judge ruled Thursday, saying a combination of a descending chord progression and musical note in the older work wasn't protectable under copyright law.

Music 52
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Navigating and Litigating 'Commercially Reasonable Efforts' Provisions: Considerations and Strategies for Tech & Life Sciences Companies

JD Supra Law

Commercially reasonable efforts (CRE) provisions are a common feature in technology and life sciences agreements, particularly in development collaborations, licensing deals, and milestone-based contracts.

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Fed. Circ. Orders New Trial In Roland Drum Kit Patent Dispute

IP Law 360

The Federal Circuit says a jury in Miami will have to take another look at a nearly decadelong fight over electric drumming patents, deciding on Thursday to wipe out the entirety of a $4.6 million verdict the Japanese audio tech giant Roland Corp. won against a U.S.-based rival.

Patent 52
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Moana’s Legal Odyssey: Five-Year Copyright Dispute Ends With Disney Sailing Free

JD Supra Law

This month, after half a decade of litigation, the copyright infringement case against Disney over its beloved animated film Moana finally reached a conclusion, with a jury finding non-infringement after deliberating for just over three hours.

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New Procedures Expected To Result In More PTAB Denials

IP Law 360

Under new procedures where the director of the U.S. Patent and Trademark Office will decide whether petitions challenging patents should be denied for discretionary reasons, such denials will likely increase, although the policy leaves many unanswered questions, attorneys say.

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Fair Use Defense Failed in Thomson Reuters v. Ross, Jury Still out for Generative AI

JD Supra Law

The first substantive decision on the fair use defense in an artificial intelligence (AI) copyright case came down against the defendant, who used AI to create a competing product. However, as the decision expressly limited its ruling to nongenerative AI, it remains unclear how courts may apply fair use to generative AI tools.

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X Says It Doesn't Owe Rivals 'Free Ride' In Data Scraping Row

IP Law 360

X Corp. urged a California federal judge on Thursday to dismiss antitrust counterclaims brought by data-scraping firm Bright Data Ltd. alleging the social media giant improperly imposes unfavorable contract terms to block competitors from taking its data, arguing it doesn't have to let rivals "free ride" on its platform.

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Even Jepson Preambles Require Written Description Support

JD Supra Law

The US Court of Appeals for the Federal Circuit found a Jepson claim unpatentable where the specification did not provide adequate written description for the portion of the claim purporting to recite what was already well known in the prior art. In re Xencor, Inc., Case No. 24-1870 (Fed. Cir. Mar. 13, 2025) (Hughes, Stark, Schroeder, JJ.).

Art 65
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WordPerfect Software Co. Settles 'Alludo' TM Suit In Wash.

IP Law 360

The company behind the 1990s word-processing application WordPerfect has settled a Washington-based education technology firm's lawsuit accusing it of stealing a trademarked name for a 2022 revamp, ending the case ahead of an early April trial date in Seattle federal court.

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EPRx 101: Getting to Know Ex Parte Reexamination

JD Supra Law

Ex parte reexamination (EPRx) is a powerful tool that allows any party including the patent owner to request that the United States Patent and Trademark Office (USPTO) reassess the validity of an issued patent based on prior art. EPRx can provide a cost-effective way to challenge a patent owned by an adverse party, before or after any litigation has been initiated.

Art 62
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Oura Gets Samsung's Preemptive IP Strike Tossed, For Now

IP Law 360

Samsung Electronics cannot yet seek a declaration that its Galaxy Ring brand of wearable, health-tracking devices does not infringe Oura Health's smart ring patents, a California federal judge ruled Thursday, saying Samsung hasn't shown the Finnish company is threatening to sue for infringement.

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Court Rejects DTSA Claim Over Inadequate Efforts to Protect Alleged Trade Secrets

JD Supra Law

On March 13, 2025, the U.S. District Court for the Eastern District of New York dismissed a trade secret misappropriation claim under the Defend Trade Secrets Act (DTSA), finding that the employer failed to plead it had taken reasonable measures to maintain the secrecy of its alleged trade secrets.

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Fitch Even Sues Ex-IP Client In Effort To End Malpractice Case

IP Law 360

Fitch Even Tabin & Flannery LLP has launched a lawsuit asking an Illinois federal court to declare that the co-founder of a former client isn't the inventor behind a prenatal test patent, which the firm said would put a stop to a malpractice case against it in state court.