Wed.Mar 20, 2024

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3 Count: Unpublished Song

Plagiarism Today

EU hits Google with massive fine, Philippine musician unpublishes song and both Cox and music companies denied rehearing. The post 3 Count: Unpublished Song appeared first on Plagiarism Today.

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10 Reasons Why Lawyers Should Create Content

Erik K Pelton

Erik shares insights on how lawyers can benefit from content creation in this episode. The post 10 Reasons Why Lawyers Should Create Content appeared first on Erik M Pelton & Associates, PLLC. Erik shares insights on how lawyers can benefit from content creation in this episode.

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Modder Says Star Wars Game Developer of Plagiarized His Work

Plagiarism Today

The release of Star Wars: Battlefront Classic Collection has been mired by many issues, including allegations of plagiarizing a modder. The post Modder Says Star Wars Game Developer of Plagiarized His Work appeared first on Plagiarism Today.

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ISP’s Landmark Piracy Liability Case Doesn’t Get a Do-Over in Appeals Court

TorrentFreak

Late 2019, Internet provider Cox Communications lost its legal battle against a group of major record labels, including Sony and Universal. Following a two-week trial, a Virginia jury held Cox liable for its pirating subscribers. The ISP failed to disconnect repeat infringers and was ordered to pay $1 billion in damages. That wasn’t the end of it.

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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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Can I Use Publicly Available Data for Research or Projects Without the Risk of Copyright Infringement?

Velocity of Content

Using publicly available data for research or projects may be attractive because it can be more easily accessible than proprietary or private materials. However, the public availability of certain datasets or research doesn’t make the content free from restrictions. There are several factors that should be taken into consideration even when using public data: Nature of the Data Publicly available data can include a wide range of information, such as government datasets, publicly shared research

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Music Industry Threatens ‘Deepfake AI Music’ Service With Legal Action

TorrentFreak

Over the past year, new artificial intelligence tools and services have been surfacing everywhere. The same can be said for AI-related lawsuits and complaints, which have been piling up by the dozen. In the UK, music industry group BPI has enetered the mix, targeting AI-generated voice models and cover tracks. This technology, which partly relies on copyrighted recordings, has been controversial for a while.

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More Trending

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Supreme Court of Canada Affirms Privacy Rights for IP Addresses

Nelligan Law

Reading Time: 2 minutes On March 1, 2024, the Supreme Court of Canada ruled that an IP should be considered private. Police require judicial approval before asking for an IP address from an internet provider. This decision, made by a narrow majority of five judges, will likely spark more discussion in the future. The decision’s importance should be assessed against the meaning of the IP address, which is compared to an online fingerprint insofar as it is “connected” and placed locationally and i

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How The Supreme Court Could Narrow Chevron

IP Law 360

After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

Law 98
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AI Legal Updates

JD Supra Law

The AI landscape is rapidly changing. To keep you up to date on the fast breaking legal updates in the AI space, we will be providing weekly updates summarizing significant news and legal developments, ranging from AI lawsuits and enforcement actions to legislation and regulations.

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US Chamber's Litigation Funding Concerns Spur 2 State Laws

IP Law 360

Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

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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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[Event] 22nd Advanced Summit on Life Sciences - May 29th - 30th, New York, NY

JD Supra Law

Hosted by American Conference Institute, the 22nd Advanced Summit on Life Sciences Patents returns for another exciting year with curated programming that will provide practical insights on how to maximize your patent term and develop strategies to enhance global protections for your patent portfolio.

Patent 71
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Law360 Announces The Members Of Its 2024 Editorial Boards

IP Law 360

Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

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Cultivating Innovation in Agribusiness: Drafting AI Patents—Part 2

JD Supra Law

In this follow-up blog, we explore the intricacies of artificial intelligence (AI) patents in the AgTech and Agribusiness industry, highlighting significant hurdles and strategic considerations essential to keep front of mind when crafting robust AI patent applications.

Patent 68
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Patent Office Won't Weigh In On Samsung Chip Patent Fight

IP Law 360

The U.S. Patent and Trademark Office's deputy director has turned down appeals from a California company seeking to overturn patent board rulings that could unravel a $303 million verdict against Samsung that has yet to make it through a federal court in East Texas.

Patent 64
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Insurance Update - March 2024

JD Supra Law

We begin with three state supreme court decisions answering these questions: • A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were filed when the claims-made policy was in effect. Is the claims-made policy triggered? The Delaware Supreme Court decides if the letter stated a “claim for damages.” • A patron trips and falls in an auto shop after bringing her car in for an oil change.

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USPTO Issues Reminder to Examiners on Means-Plus-Function Analyses

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) on Tuesday, March 19, issued a memo for all patent examiners reiterating its current practices and resources for examining means-plus-function and step-plus-function claim limitations. The memo is primarily focused on reminding examiners that they must create a clear record explaining their interpretation of such claims and points to various resources and training tools that are available to assist them.

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U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

JD Supra Law

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office permits group registration of up to ten unpublished two-dimensional artworks, and it also permits the registration of individual published two-dimensional artworks.

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A Patent System’s Job is to Incentivize More Innovation, Not Merely More Patents: Looking at the New Patent (Amendment) Rules- Part II

SpicyIP

Image from here [This post is co-authored with Praharsh.] In part I of the post we discussed the implication of the new patent amendment Rules on the obligation to file working statements and information on corresponding foreign applications to the Indian patent applications. In this part we shall discuss the implications of the Rules on Pre-grant Opposition mechanism.

Patent 52
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Updates on Aflibercept BPCIA Litigation - March 2024

JD Supra Law

As we previously reported, on January 11, 2024, Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed a motion seeking to establish a multi-district litigation (“MDL”) encompassing the aflibercept BPCIA cases it has filed in the U.S. District Court for the Northern District of West Virginia and transfer its case against Amgen, Inc. (“Amgen”) in the U.S.

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Metals Co. Gets Injunction Bid Revived In Fireproofing IP Case

IP Law 360

The Federal Circuit on Wednesday upheld a California federal judge's decision scrapping a royalty award that metals company CEMCO won after a jury found a smaller rival induced infringement of several fireproofing patents, but the circuit vacated the judge's denial of the company's permanent injunction bid.

IP 52
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Patent Litigation Update 2024

JD Supra Law

While the number of filed patent cases is down, it is still the most prevalent type of IP claim. In 2023, there were 3,111 patent cases filed, following a downward trend since 2021, with the Western District of Texas still the most active district, although the number of cases in that court have dropped significantly.

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BREAKING: Biden Taps Judicial Nominees For 6th Circuit, SDNY

IP Law 360

President Joe Biden on Wednesday unveiled a new slate of judicial nominations, including a current U.S. Attorney for a Sixth Circuit seat and another federal prosecutor for a judgeship in the Southern District of New York.

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Patent Claims to a System for Drilling a Well Found Ineligible Under 35 U.S.C. § 101

JD Supra Law

The Patent Trial and Appeal Board (PTAB) recently found unpatentable claims that are directed to a processor-based system for drilling a well that selects a desired path for the wellbore based on factors such as curvature, time and cost. The PTAB decided that the claims were patent ineligible under 35 U.S.C. § 101 because they recite steps of collecting and manipulating data, an abstract idea, without integrating the idea into a practical application or adding an inventive concept.

Patent 66
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Digital Comms Filings Bolster Record EPO Applications

IP Law 360

Companies and inventors filed the highest number of European patent applications to date in 2023, buoyed by marked increases in filings for digital communications and energy technologies.

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How to Protect Trade Secrets: Taking Reasonable Efforts to Maintain the Secrecy of Information

JD Supra Law

How do you protect trade secrets? You take reasonable efforts to maintain the secrecy of the information. As we have outlined in prior installments of this series, taking reasonable efforts to maintain secrecy is a key issue in answering questions such as whether customer/client lists are protectable trade secrets and whether other various items can be considered protectable trade secrets.

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Spanish Investment Co. Beats Slovak TM Opposition In EU

IP Law 360

A Spanish investment company has won an appeal to revive its trademark application, as European officials ruled that buyers of financial services paid a "high degree of attention" and wouldn't think that the sign was linked to a Slovak company.

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Tech Company Trade Secret Showdown: Lessons from a Significant AI Related Trade Secret Case

JD Supra Law

In the fast-paced world of tech litigation, one case stands out for its implications on trade secrets and intellectual property rights: Neural Magic, Inc. v. Meta Platforms, Inc. and Aleksandar Zlateski. This federal court case involved allegations of misappropriation and unfair competition between two AI players, and specifically allegedly stolen algorithms enhancing computer efficiency and enabling advanced machine learning.

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PTAB To Analyze Moderna COVID Vaccine Patents

IP Law 360

The Patent Trial and Appeal Board has agreed to review two Moderna COVID-19 vaccine patents challenged by rivals Pfizer and BioNTech as having "unimaginably broad claims directed to a basic idea that was known long before.

Patent 52
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Games Industry Trends as GDC 2024 Gets Underway

JD Supra Law

The Games Developer Conference (GDC) 2024 is upon us; here are four key legal and commercial trends we think will be especially salient this year. - Keeping AI in Check. Like so many other sectors, AI is quickly reshaping the games industry—offering significant promise and potential risk. At the same time, governments across the globe are racing to adopt legislation that reigns in possible harm.

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NIST March-In Framework Is As Problematic As 2021 Proposal

IP Law 360

While the National Institute of Standards and Technology's proposed march-in framework on when the government can seize patents has been regarded as a radical departure that will support lowering prescription drug costs, the language at the heart of it is identical to a failed 2021 notice of proposed rulemaking, says attorney Kelly Morron.

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Recent Appellate Decision Overturns Revocations of Broad Institute CRISPR-Cas9 Patents

JD Supra Law

This past Thursday, the Board of Appeals of the European Patent Office released the minutes of oral proceedings in which the Board rendered a decision in closely watched appeals relating to Broad patents directed to CRISPR-Cas9 technology.

Patent 63
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Coalition Aims to Combat Biden March-In Proposal, Other IP Threats

IP Watchdog

The U.S. Chamber of Commerce today announced it is partnering with entrepreneurs and other business advocates to counter threats to innovation due to “excessive government overreach,” including the Biden Administration’s proposed framework to expand the use of so-called patent march-in rights.

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A Continuation Application is an Implicit Admission of Obviousness-Type Double Patenting When Filed from a Parent Patent

JD Supra Law

Filing a continuation application from a parent patent is an implicit admission that obviousness-type double patenting (ODP) applies to the resulting continuation patent. A Terminal Disclaimer in the continuation patent over the parent patent is thus necessary to avoid the public policy concerns underlying ODP. This is supported by statute, case law, and practice.

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EU Commission Builds 'Toolkit' To Fight Counterfeiting

IP Law 360

The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues.

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UPOV Updates Explanatory Note On Essentially Derived Varieties (EDVS)

JD Supra Law

In October 2023, the International Union for the Protection of New Varieties of Plants (UPOV) published a long-awaited updated Explanatory Note on Essentially Derived Varieties (EDVs). The UPOV Convention outlines a popular sui generis form of IP protection for plant varieties and was first established in 1961; EDVs have been a provision of the UPOV Convention since 1991.