Tue.Apr 23, 2024

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25 Tips When Brainstorming a New Name

Erik K Pelton

Erik shares 25 tips to consider when brainstorming brand names in this episode of our 25 series. The post 25 Tips When Brainstorming a New Name appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 tips to consider when brainstorming brand names in this episode of our 25 series.

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3 Count: Owning the Doge

Plagiarism Today

Former Amazon employee claims company ignored AI copyright warnings, Vietnam convicts pirate site operator and crypto group buys Doge rights. The post 3 Count: Owning the Doge appeared first on Plagiarism Today.

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There’s More to Copyright Than Financial Incentives, Internet Archive Argues in Court

TorrentFreak

The non-profit Internet Archive ( IA ) aims to preserve digital history for generations to come. The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. This information becomes more and more valuable as time passes by. IA has plenty of other archive projects too. For example, it operates a library that offers a broad collection of digital media, including books, which patrons can borrow upon request.

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With Plagiarism, the Problem is Not DEI, But Academia

Plagiarism Today

Though recent plagiarism allegations have targeted DEI officials and supporters, the issue lies with academia as a whole. The post With Plagiarism, the Problem is Not DEI, But Academia appeared first on Plagiarism Today.

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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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Meta Secures Partial Trim Of Video Technology Patent Row

IP Law 360

A federal judge has narrowed a suit accusing Meta Platforms Inc. of infringing patents related to video technology, throwing out one of VideoLabs' patents but letting the patent owner keep moving forward with another.

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Deliberating Colonial Policies to Understand the Causes behind Tribal Revolts in the Chota Nagpur Plateau – Part I

IP and Legal Filings

Research Problem Examining the role of colonial policies in bringing such a socio-political situation in Tribal lives that they resorted to revolt against the Britishers. Research Objectives To find out the cause, rationale, and repercussions of eminent domain on Tribal lives. To understand the political awakening among the Tribals. To analyse the role of local tribal leaders in realising their objective of ‘Abua raj.

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Why Generative AI is Doomed

Technology & Marketing Law Blog

I was honored to deliver this year’s Nies Lecture at Marquette University Law School , with the provocative (but, I hope, accurately descriptive) title “Generative AI is Doomed.” My remarks. This is my first contribution to the AI academic literature. As you can see, I take a contrarian stance about the direction that regulation is heading.

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UMKC School of Law Wins National Patent Application Drafting Competition

Patently-O

By Chris Holman Last week the U. S. Patent and Trademark Office announced the winner of this year’s National Patent Application Drafting Competition (NPADC), the University of Missouri-Kansas City School of Law. I teach patent law at UMKC, and was privileged to travel to Alexandria with the team of UMKC students (pictured below, from left to right, Will Knutson, Mark Trompeter, Joe Hooper, and Lukas Fields) to watch them compete and ultimately triumph in the final round of the competition.

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New Piracy Shield Legal Challenge Filed at Italy’s Council of State

TorrentFreak

Since its launch early February, Italy’s Piracy Shield system and its operators have been at the center of a series of controversies. From blocking innocent platforms and bizarre public denials claiming that never actually happened , to the leaking of Piracy Shield source code online and claims that didn’t happen either , a more difficult debut would be hard to imagine.

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The Evolution of Automotive Assembly Line—Part 2

Christopher Roser

In my previous post on the automotive assembly line I showed how the earliest chain-driven assembly lines evolved to modern moving platforms. However, in automotive assembly, you also need to work underneath the car. While I have seen truck assembly lines where the entire undercarriage is flipped on its back, in automotive, this is usually. Read more The post The Evolution of Automotive Assembly Line—Part 2 first appeared on AllAboutLean.com.

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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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Book bans deserve opposition, but not debate.

The Illusion of More

The Authors Guild, of which I am a member, has filed an amicus brief asking the Eighth Circuit Court of Appeals to affirm a lower court ruling that Iowa’s book ban law is unconstitutional. And of course it is. The subject barely warrants legal examination because it is impossible to draft a content-focused general book […] The post Book bans deserve opposition, but not debate. appeared first on The Illusion of More.

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[Event] Fueling Innovation: Intellectual Property Strategies for the Mining, Energy, and Natural Resources Sectors - May 7th, Denver, CO

JD Supra Law

Protecting innovation is more important than ever for energy companies. It is a primary source of competitive advantage, and the product of considerable R&D investment. At the same time, it is often the vehicle for partnership and collaboration in this highly dynamic industry. Energy demand is rising, and innovation is core to leveraging renewable and “cleaner” energy resources - and to using energy more efficiently.

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FTC Approves Final Rule to Ban All New Non-Compete Agreements in 3-2 Vote

IP Watchdog

The U.S. Federal Trade Commission today voted in a Special Open Commission Meeting to publish and approve a final version of the January 2023 proposed rule that would ban employers from using clauses for their employees. Today’s rule allows existing non-competes to remain in force for senior executives but bans new non-competes for all workers and makes existing non-competes for all other workers unenforceable after the effective date, which is 120 days after publication in the Federal Register.

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[Video] AI Law in the Commonwealth of Virginia - Recent Developments

JD Supra Law

In this video alert, Dave Albo and Kevin Pomfret review bills discussed in the General Assembly concerning artificial intelligence (AI), the results from the recently concluded legislative session and the executive order issued by Governor Glenn Youngkin outlining rules for the use of AI technologies across state agencies.

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J. Michael Keyes: "Will Bad Spaniels' New 'Disclaimer' Keep VIP Products Out Of The Doghouse?"

The TTABlog

Here is the latest literary effort from Mike Keyes , a consumer survey expert and IP litigator at Dorsey & Whitney LLP (you may subscribe to his newsletter here ). "Will Bad Spaniels' New 'Disclaimer' Keep VIP Products Out Of The Doghouse? - A Consumer Survey Provides a Cautionary Tale for Would-Be Parodists," appears in Vol. 64, No. 2 (March 2024) of IDEA The Law Review of the Franklin Pierce Center for IP at the University of New Hampshire School of Law.

IP 62
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USPTO Issues Guidance on AI Use to Patent Professionals — AI: The Washington Report

JD Supra Law

Pursuant to President Biden’s October 2023 executive order on AI, on April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published “Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office” in the Federal Register. This notice provides insight into the USPTO’s current stance towards the use of AI services in connection with matters appearing before the Office.

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[Guest post] A correct reading of the ‘Puma-Rihanna’ case (T-647/22) – Five steps to happiness

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the ‘Puma-Rihanna’ decision issued by the General Court of the European Union on 6 March 2024 (Case T-647/22) [reported and commented by The IPKat here and here ]. Here’s what Henning writes: A correct reading of the ‘Puma-Rihanna’ case (T-647/22) – Five steps to happiness by Henning Hartwig Rihanna's IG post Attention had been clearly different if it was not Puma b

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How Can I Defend Myself Against a Claim of Misappropriation of Trade Secrets?

JD Supra Law

How can you defend yourself if you are accused of misappropriation of trade secrets? This is a complex area of the law and there is no one-size-fits-all defense. Developing a strategy to successfully defend against a claim that you have allegedly violated trade secret laws involves careful inquiry into the facts and circumstances of each case, and involves understanding the unique goals of each client’s situation.

Law 66
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Some Thoughts on the “Fairness” of the Delhi High Court’s Ericsson-Lava FRAND Determination- Part II

SpicyIP

Image from here [This Post is co-authored with Swaraj Paul Barooah.] This is Part II of the two part post on the recent Delhi High Court decision on the Ericsson-Lava SEP dispute. In Part I of the post we focussed on locating reasons for the FRAND determination by the Court. This part focuses on the Court’s findings on and calculation of damages payable to Ericsson, while critiquing the reasons (and the lack thereof) in the judgment.

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Why We Need to Leverage AI for Patent Information in 2024 – the Macro Perspective

JD Supra Law

Amidst economic constraints, industry convergence, and the need for improved patent quality, patent workflows demand a paradigm shift to meet the evolving landscape. The current macro environment combined with the increasing maturity of AI initiatives opens up a unique window of opportunity to explore and take advantage of these innovative solutions.

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AI Invention Guidance Adds New Patent Wrinkles, Attys Say

IP Law 360

Recent guidance from the U.S. Patent and Trademark Office that inventions developed with assistance from "artificial intelligence" tools can be patented prompted a "sigh of relief" among many attorneys, but confronting the nuances will create challenges, experts said Tuesday.

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Federal Circuit Patent Watch: District Court’s “Seemingly Siloed and Inflexible Approach” to Obviousness “Ran Afoul” of KSR

JD Supra Law

Precedential and Key Federal Circuit Opinions - 1. JANSSEN PHARMACEUTICALS, INC. v. TEVA PHARMACEUTICALS USA, INC. [OPINION] (2022-1258, 2022-1307, 4/1/2024) (Dyk, Prost, and Hughes) - Prost, J. The Court affirmed the district court’s indefiniteness determination but vacated and remanded its nonobviousness determination as to the asserted patent.

Patent 63
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A China Court’s Ruling that Upholds Protection for A.I. Content Creation is at Odds with U.S. Copyright Law, Setting the Stage for a Showdown

IP Close Up

The Beijing Internet Court (BIC) ruled late last year that an AI-generated image in an intellectual property dispute was a new artwork protected by Chinese Continue reading

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Vanda Strikes Out at the Supreme Court

JD Supra Law

Two weeks ago we discussed Vanda Pharmaceuticals’ ambitious cert petition asking the Supreme Court to discontinue the “reasonable expectation of success” standard for patent obviousness that for decades has been a mainstay of patent law.

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Sanctioned Patent Challenger Fights VLSI Bid To ID Members

IP Law 360

Patent Quality Assurance LLC, which successfully challenged a VLSI chip patent but was sanctioned by the patent office, urged a Virginia federal judge Tuesday not to make it identify the people behind the company, saying VLSI wants their names to "seek retribution against them.

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USPTO Issues Proposed Rules on Discretionary Denial in PTAB Proceedings

JD Supra Law

One year ago, the United States Patent and Trademark Office (USPTO) issued an Advance Notice of Proposed Rulemaking (ANPRM) that set forth several ideas related to America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB). On Friday, the Office published a Notice of Proposed Rulemaking (NPRM) that proposes to transform some of those ideas into rules of practice before the Board.

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10th Circ. Orders Redo Of $96M Award After Top Court Ruling

IP Law 360

The Tenth Circuit on Tuesday ordered an Oklahoma federal court to recalculate a $96 million trademark infringement award won by a radio control maker against its European former partners after the U.S. Supreme Court ruled last year that the Lanham Act applies only to domestic conduct in commerce.

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Fifteenth Anniversary Update: Annotated Local Patent Rules for the Northern District of Illinois

JD Supra Law

Almost 15 years ago, in an effort to create greater predictability for patent litigation in the Northern District of Illinois, the District enacted Local Patent Rules (“LPR”).1 This annotated version of the LPRs is released in honor of the upcoming 15th anniversary of the LPRs. In the approximately 15 years since the District enacted LPRs, a substantial body of case law has been developed interpreting and applying the rules.

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Medtronic Patent Fight With Axonics Set For September Trial

IP Law 360

A California federal judge has lifted a stay in Medtronic's patent infringement suit against Axonics over an electrical stimulation system, while also scheduling a trial for September.

Patent 52
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USPTO Issues Updated Guidance on Obviousness

JD Supra Law

For the first time in nearly 15 years, the U.S. Patent and Trademark Office (USPTO) has issued “Updated Guidance for Making a Proper Determination of Obviousness” under the U.S. Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007). The new guidance is said to reflect Federal Circuit decisions since KSR and “serves as a reminder to USPTO personnel of the flexible approach to obviousness that is required under KSR.

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Jury Suggests $25M Damages For Co.'s Malicious IP Misuse

IP Law 360

A Colorado federal jury has said a display technology company must pay $5.1 million for misusing a business partner's trade secrets during the development of a wireless headset, and recommended the company be punished with another $19.7 million in damages for its malicious conduct.

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Will “Success Kid” Owner Continue to Succeed on Appeal in Copyright Dispute?

JD Supra Law

Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known as “Success Kid.”.

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NY Judge Won't Allow Default Judgment On Tekashi 6ix9ine

IP Law 360

A New York federal judge said a Miami rapper's motion for default judgment against Tekashi 6ix9ine, aka Daniel Hernandez, in a copyright infringement lawsuit should be denied, saying the rapper hadn't fully complied with the Servicemembers Civil Relief Act to show Hernandez isn't in the military.

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Under New York Law, Trade Secret Damages Must Reflect Plaintiff’s Actual Loss, Not Just Defendant’s Wrongful Gain

JD Supra Law

A recent trade secret case from New York highlights the importance of how damages are calculated and emphasizes the need to conform those damages calculations to the applicable standards in your jurisdiction. In Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group Inc., 1:15-cv-00211, after a six-day jury trial in the Southern District of New York in October 2020, a jury found that Syntel misappropriated TriZetto’s trade secrets related to health care insurance software and infringed.

Law 61
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Forbes Wins Bid To Nix Order In Mexican Distributor Fight

IP Law 360

A New York federal judge on Tuesday barred a Mexican distributor of Forbes magazine from trying to enforce an order from a court in Mexico City precluding the publication from terminating their deal while the companies gear up to arbitrate a renewal dispute.

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