Tue.Jun 25, 2024

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Can We Detect AI Writing?

Plagiarism Today

We know that a great deal of the content being published is generated by AI systems. But how good are we at detecting it? The post Can We Detect AI Writing? appeared first on Plagiarism Today.

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South Korean ISP ‘Infected’ Torrenting Subscribers with Malware

TorrentFreak

From a networking perspective, most Internet providers are generally not thrilled with BitTorrent users. Historically, torrent traffic has placed quite a burden on the network , which is one of the reasons why Comcast quietly began throttling torrent traffic many years ago. Another reason to limit torrent traffic is to reduce costs. BitTorrent users transfer large amounts of data that’s not always covered by cheap peering agreements , which can become quite costly.

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3 Count: Artificial Music

Plagiarism Today

US Record Labels sue AI startups, Italy blacks out millions watching pirate soccer streams and California hits speed bump on bar exam. The post 3 Count: Artificial Music appeared first on Plagiarism Today.

Music 205
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Recent Statistics Show PTAB Invalidation Rates Continue to Climb

IP Watchdog

The invalidation rate of patents in America Invents Act (AIA) proceedings, such as inter partes reviews (IPRs), has been high since the inception of the PTAB. Just one year into the AIA, Chief Judge Randall Rader famously referred to the PTAB as a “death squad” at the 2013 American Intellectual Property Law Association (AIPLA) annual meeting because the invalidation rate was so high.

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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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Major Record Labels Sue Gen AI Devs Suno and Udio

The Illusion of More

The most prominent copyright lawsuit against Generative AI (GAI) to date dropped yesterday when the major record labels filed complaints against developers Suno and Udio in the District of Massachusetts and the Southern District of New York respectively. This is going to be one to watch, not just because of the size of the plaintiffs […] The post Major Record Labels Sue Gen AI Devs Suno and Udio appeared first on The Illusion of More.

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CAFC Says Generic’s Public Statements Make Induced Infringement Claims Plausible

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today reversing a district court’s grant of Hikma Pharmaceuticals’ motion to dismiss Amarin Pharma, Inc.’s complaint against it for induced infringement. Amarin claimed Hikma induced infringement of its “icosapent ethyl” product, an ethyl ester of an omega-3 fatty acid commonly found in fish oils, marketed as Vascepa.

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More Trending

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[Sponsored] AI Searches get 33% Better with the New PatSeer’s AI Search v2 Engine

SpicyIP

We are pleased to bring to you this sponsored post by PatSeer on the launch of their AI search V2. For more details, read on below. AI Searches get 33% Better with the New PatSeer’s AI Search v2 Engine Exactly one year ago, PatSeer launched its AI search for patents by introducing a completely new search powered by a custom-trained LLM model. Today I am excited to announce AI Search v2 which is a significant upgrade to the underlying AI search engine.

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Riley Safer Expands IP Practice With Chicago Partner

IP Law 360

Chicago firm Riley Safer Holmes & Cancila LLP has bolstered its intellectual property practice by bringing on board an experienced litigator from Goldman Ismail Tomaselli Brennan & Baum, the law firm announced Tuesday.

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Using High-Quality Content to Close Learning Gaps

Velocity of Content

The COVID-19 pandemic brought unprecedented disruptions to education. In many cases, these disruptions have led to learning loss among K-12 students. With school closures, remote learning challenges, and shifting instructional models, students have faced significant obstacles in maintaining academic progress. Research indicates that the pandemic has widened existing educational inequities, with marginalized communities disproportionately affected by the learning disruptions.

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Breaking IP Barriers: Q&A With Harrity's Elaine Spector

IP Law 360

Harrity & Harrity LLP partner Elaine Spector has helped shape multiple firms' leave policies after watching other parents face pressure to work shortly after having a child.

IP 97
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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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Amarin v. Hikma: Federal Circuit reverses Inducement Dismissal in Skinny-Label Case

Patently-O

by Dennis Crouch Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc. , No. 2023-1169 (Fed. Cir. June 25, 2024). This is another “skinny label” generic pharmaceutical patent case. The basic setup involves a drug that has several different approved uses; with the branded manufacturer holding patents covering only some of the uses. The generic company is then permitted to sell the drug, but is labelled only for non-patented uses.

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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

IP Law 360

The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

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Garante publishes decision on personal data processing by Wikipedia

JD Supra Law

On 6 June 2024, the Italian supervisory authority ('Garante') published its opinion that the Wikimedia Foundation, Inc ('Wikimedia'), a US-based non-profit which hosts the free-to-use encyclopaedia website Wikipedia, was not in violation of data protection laws for refusing a request to delete an article published on Wikipedia which contained an individual’s personal data.

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Do IP Rights Matter to AI? Keep an Eye on NY Times v. Microsoft and 23 Other Future-Defining AI Disputes

IP Close Up

Legal battles currently being fought over aspects of generative artificial intelligence are an indication of the complexity and uncertainty that businesses and society are facing.

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Orange Book Concerns Pick Up as Yet Another Issue for Pharmaceutical Manufacturers

JD Supra Law

Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration's (FDA) Orange Book patents that they assert are associated with their products. The Federal Trade Commission (FTC) issued a policy statement in September 2023 announcing an evaluation of whether improper Orange Book listings "may constitute an unfair method of competition in violation of Section 5 of the FTC Act.".

Patent 73
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The American Music Fairness Act Gets a New Hearing

The Illusion of More

Tomorrow afternoon, the House Judiciary Committee IP Subcommittee will hold a hearing entitled Radio, Music, and Copyrights: 100 Years of Inequity for Recording Artists. The subject of the hearing is—at least ostensibly—to compare and contrast the royalty granting American Radio Fairness Act (AMFA) against the royalty denying Local Radio Freedom Act (LRFA).

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K&C Sports & Entertainment Law Weekly Roundup - June 2024 #4

JD Supra Law

Under Armour on Friday said it has agreed to pay $434 million to settle a 2017 class action lawsuit accusing the sports apparel maker of defrauding shareholders about its revenue growth in order to meet Wall Street forecasts. The proposed settlement, subject to court approval, averts a scheduled July 15 trial in Baltimore federal court.

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Google Tells Fed. Circ. To Eye ITC's Powers If Chevron Ends

IP Law 360

As the U.S. Supreme Court considers abolishing or narrowing precedent requiring deference to the legal interpretations of government agencies, a key part of the U.S. International Trade Commission's patent authority should be reconsidered, Google has told the full Federal Circuit.

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USPTO Publishes Drug Patent and Exclusivity Study Report

JD Supra Law

The U.S. Patent and Trademark Office (USPTO), in conjunction with the Food and Drug Administration (FDA) and in response to January 2022 and April 2022 letters from Senator Thom Tillis (R-NC), has published a report examining the time from approval of a New Drug Application (NDA) until the first generic launch for 25 drug products, including consideration of patent and regulatory exclusivities.

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Why The Patent Eligibility Restoration Act Can Spur Progress

IP Law 360

Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.

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Checkpoints Ahead: Parsing the AI Risk Environment

JD Supra Law

Since generative AI burst into the mainstream, companies have raced to capitalize on its extraordinary promise. But as with any technological frontier, this promise does not come without risks, and companies can expect to encounter them with greater frequency as AI’s role in the economy continues to grow.

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NC Judge Bars Consultant From Lying About Packaging Patent

IP Law 360

A North Carolina federal judge has enjoined a patent owner from "making bad-faith, objectively false assertions of infringement" to insulated box maker Eco Fiber Inc.'s customers, as past assertions to the company's main customer have put it at "severe risk of losing [its] business.

Patent 52
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M&A in the AI Era: Key Deal Terms To Watch

JD Supra Law

The accelerated development of artificial intelligence (AI) has shown the transformative potential of the technology across industries, making it an integral part of strategic planning for market participants, from technology giants to venture capitalists. Unsurprisingly, AI technology has drawn an enormous wave of investment.

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Judge Moves Music Publishers' IP Suit Against AI Co. To Calif.

IP Law 360

A Tennessee federal judge has said the Volunteer State wasn't the right place to hear a copyright lawsuit from a group of music publishers against an artificial intelligence company, deciding to ship the case to California.

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The Overlooked Claim of The New York Times v. OpenAI: Harm to Copyright Management Information

JD Supra Law

The Digital Millennium Copyright Act (DMCA) was passed by Congress in 1988 to provide solutions for the strained relationship between the internet and copyright law. It focused on protecting copyright owners whose works were made available in digital form. Now, in the age of emerging AI technologies, the DMCA, specifically §1202, may be more important than ever.

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Prolitec Can't Dodge Claims In Air Freshener Patent Dispute

IP Law 360

A federal judge in Delaware has refused to toss patent infringement counterclaims against Prolitec concerning designs for a computer-operated scent delivery system owned by ScentAir, saying it's too early for a ruling.

Patent 52
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Right Time for Innovation: Apple Watch Gets Nod From FDA for Device Development Tool

JD Supra Law

The US Food and Drug Administration (FDA) recently announced its qualification of the Apple Atrial Fibrillation (AFib) History Feature through the Medical Device Development Tools (MDDT) program. The MDDT program is intended to promote innovation and device development by providing medical device sponsors with scientific assessments the FDA will accept for measuring the safety and efficacy of their devices.

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Fed. Circ. Clears Amarin's Skinny Label Suit Against Hikma

IP Law 360

The Federal Circuit revived litigation Tuesday accusing Hikma Pharmaceuticals USA Inc. of inducing physicians to infringe patents covering Amarin Pharma Inc.'s blockbuster cardiovascular drug Vascepa in a case over limited-use generics.

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Latest Federal Court Cases - June 2024 #2

JD Supra Law

Beteiro, LLC v. Draftkings Inc., Appeal Nos. 2022-2275, -2277, -2278, -2279, -2281, 2283 (Fed. Cir. June 21, 2024) In its only precedential patent opinion this week, the Federal Circuit affirmed the Rule 12(b)(6) dismissal of multiple infringement cases brought by appellant Beteiro on grounds that its remote gambling patents were directed to patent-ineligible subject matter under 35 U.S.C. § 101.

Patent 63
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Sporting Cos. Must Face Shotgun Shell Maker's TM Suit

IP Law 360

A shotgun shell producer's failure to search the internet for violations of his trademark does not make the claims in his lawsuit untimely, a Georgia federal judge ruling Tuesday, saying a majority of claims related to the use of his "Quik-Shok" mark fall within the allowable time limits for lodging a challenge.

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Alice Step 2 May be Satisfied by a Patent’s Description and use of Claimed Technology

JD Supra Law

Allegations in a complaint may be insufficient to raise a factual dispute under Step 2 of Alice when a patent’s specification contradicts those allegations by using the claimed technology in a way that demonstrates a person of ordinary skill in the art would have viewed the technology as routine, conventional, or well-known.

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PTAB Wipes Out UMass Skin Disease Treatment Patent

IP Law 360

The Patent Trial and Appeal Board has sided with Forte Biosciences in invalidating a University of Massachusetts patent on treating the skin disease vitiligo, ruling that the patent does not adequately describe the invention or enable a skilled person to make and use it.

Patent 52
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A Typo to Remember: Erroneous Patent Number in Terminal Disclaimer Destroys Exclusive Rights

JD Supra Law

Co-authored by Sam Cohen, Summer Associate 2024. On May 29, 2024, the Western District of Oklahoma in SIPCO, LLC v. JASCO Prods. Co. dismissed the plaintiff SIPCO’s patent infringement claims against defendant JASCO because of a minor typo made by the USPTO during prosecution.

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Fed. Circ. Won't Ship Patent Suit Against Apple Back To Texas

IP Law 360

The Federal Circuit on Tuesday denied a bid from patent-owning technology company Haptic Inc. to send its infringement suit back to Texas after it was transferred to California earlier this year, saying it wasn't going to second-guess the lower court's decision.

Patent 52
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Gambling with Alice? Look Out for These Abstract Idea Indicators

JD Supra Law

As further guidance on how to determine whether a patent claim is directed to an ineligible abstract idea under the Alice Two-Step Test, the Federal Circuit issued a precedential opinion, Beteiro v. DraftKings, No. 2022-2275 (Fed. Cir. June 21, 2024), identifying four “well-settled indicators of abstractness.”.

Patent 63