Mon.Aug 05, 2024

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Zillow Gone Wild Sued by Real Estate Photographer

Plagiarism Today

The social media phenomenon Zillow Gone Wild is facing a lawsuit from a real estate photographer. Here's what is at stake. The post Zillow Gone Wild Sued by Real Estate Photographer appeared first on Plagiarism Today.

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Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

JD Supra Law

Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released the first in what is expected to be a series of reports arising from the study – this one focused on digital replicas, or as they are often called, “deepfakes.

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3 Count: The Home of Piracy

Plagiarism Today

Anti-circumvention rules get a big win, AI firms hit back at record labels and sports leagues accuse X of enabling piracy. The post 3 Count: The Home of Piracy appeared first on Plagiarism Today.

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How to Successfully License Consumer Products | IPWatchdog Unleashed

IP Watchdog

If you are an inventor of a consumer product there are reputable companies looking for inventions and ideas to bring to market, and their business model is built on taking products to market over and over again, and they are in constant need of new products and improvements. They also realize litigation is wasteful when you are dealing with products that often have a 1-, 2- or 3-year shelf life, so they are willing to do deals that allow them to quickly get products onto shelves and into the str

Licensing 122
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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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Federal Circuit Narrows AIA Grace Period: Public Disclosure Must Make Invention ‘Reasonably Available’

Patently-O

by Dennis Crouch The Federal Circuit’s new decision in Sanho v. Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law.

Invention 111
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How The USPTO Views Human-AI Collaborations

JD Supra Law

Artificial intelligence (AI) enables computers and machines to think like humans and perform complex tasks traditionally associated with human intelligence, such as making decisions, reasoning, recognizing patterns, and solving problems. Empowering the development of various things such as self-driving cars, chatbots, and virtual personal assistants, AI is rapidly becoming ubiquitous and changing many aspects of our lives.

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New USPTO Guidance Hones AI-Related Patent Eligibility Criteria

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) has issued new guidance on patent subject matter eligibility, specifically concerning AI inventions. This guidance aims to assist patent examiners in assessing whether claims in a patent application qualify for protection.

Patent 108
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Mayor Shows Pirated Copy of “Inside Out 2” on Town Square Big Screen in Brazil

TorrentFreak

Every day, millions of people break the law; by posting copyrighted images, music, and videos on social media, for example. For most of these people, copyright is merely an afterthought, not a real concern. Especially when snippets of copyrighted content are posted to a small audience, the chances of being noticed are small. The legal consequences of mass online piracy are more problematic.

Copying 105
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Tracey Armstrong Delivers Remarks at the 2024 Indian Publishers Conference

Velocity of Content

A version of this post originally appeared on the IFRRO (International Federation of Reproduction Rights Organisations) Website. On 2 August, Tracey Armstrong, President and CEO of CCC and President of the IFRRO Board of Directors, delivered a speech at this year’s Indian Publishers Conference: Unleashing Digital Potential , organized by the Federation of Indian Publishers ( FIP ) in collaboration with IFRRO member, the Indian Reprographic Rights Organization ( IRRO ).

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Unclear Intellectual Property Laws Are Stifling US Innovation

IP Law 360

U.S. intellectual property law’s lack of predictability means far less job-creating investments for companies that need patent protection to compete, and Congress must step in with legislation like the Patent Eligibility Restoration Act to help address the problem, says Michael Gulliford at Soryn IP Capital Management.

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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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Safeguarding the Future at the Crossroads of Artificial Intelligence, Data Privacy, and Intellectual Property Rights

IP and Legal Filings

INTRODUCTION All activities appear to be within our grasp in the ever-evolving world of today and through AI, we have a new champ. AI is altering the way the creation, consumption, and security of digital content and comes up with creative solutions for complicated problems dealing with data analysis and content creation. AI system training is an extensive process that predominantly entails the receipt of extensive amounts of data.

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Virginia Court of Appeals Reverses Historic Trade Secret Verdict

JD Supra Law

A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest damages award in the history of Virginia and one of the largest ever trade secret verdicts in the country. On July 30, 2024, the Virginia Court of Appeals (VCA) overturned this unprecedented damages award, ruling that the trial court committed a series of legal and.

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Google & Cloudflare Summoned to Explain Their Plans to Defeat Pirate IPTV

TorrentFreak

If rightsholders didn’t get everything they asked for when Italy passed tough new anti-piracy legislation in 2023, they still received more than the majority of their counterparts have elsewhere in the EU. Harsher penalties for both providers of pirated content and those who consume, including fines for simply watching a pirate stream. That was in addition to new site-blocking powers, considerably more aggressive than those seen almost anywhere else, on paper at least.

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The EFF Campaign Against DMCA Section 1201 Perishes in the DC Circuit

The Illusion of More

The First Amendment protects the right to read books but not the right to break into a bookstore for the purpose of reading—not even if the goal is to quote a passage from a book in a manner that would be fair use under copyright law. The hypothetical, lawful use of the book’s contents to […] The post The EFF Campaign Against DMCA Section 1201 Perishes in the DC Circuit appeared first on The Illusion of More.

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Artificial Intelligence Patents: Reflections on Recent US v EU v UK Approaches

JD Supra Law

The rapid increase in innovation and popularity surrounding AI, its capabilities and seemingly endless applications has created a technological revolution, the magnitude of which hasn’t been seen for decades. This has led to a similarly overwhelming surge in patent applications being filed that relate to this incredibly diverse technology. Not only have patentees sought to protect inventions related to AI technology itself, but many inventions are being devised or developed with the assistance.

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Music, Movie Orgs. Address Deepfake Proposals

IP Law 360

Representatives from the music, movie and video game industries were among the speakers Monday at a U.S. Patent and Trademark Office roundtable regarding what legislation may be needed to address the explosion of deepfakes created with the growing power of artificial intelligence.

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The US Copyright Office Takes on AI, Part I

JD Supra Law

Now nearly a year on from its 2023 Notice of Inquiry, the U.S. Copyright Office has now released Part 1 of its findings and recommendations on the legal and policy issues at the juncture between artificial intelligence (AI) and copyright. The topic? Digital replicas.

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SpicyIP Tidbit: BHC Directs Patanjali to Pay Additional 4 Crores in a Trademark Infringement Dispute 

SpicyIP

Image from here [This tidbit is co-authored with Sumedh Gadham. Sumedh is a second-year law student enrolled at the National University of Juridical Sciences (NUJS). He is interested in intellectual property, tech law, and policy. His previous posts can be accessed here.] After being directed to deposit INR 50 lakhs, the Bombay High Court has reportedly imposed a hefty cost of INR 4 Crores on the company.

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Why Energy-transition Innovators Need a Sound Patent Strategy — and How to Build One

JD Supra Law

Recent investment in clean-energy technologies has been nothing short of extraordinary. Fueled in part by generous government incentives designed to accelerate the transition to a lower-carbon economy, clean-energy projects around the world are set to draw more than $2 trillion in 2024 — 61% more than just five years before. Originally published in Utility Dive, August 1, 2024.

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Inari Agriculture Can't Sink Patent Case Over Corn Seed

IP Law 360

A legal fight between a DowDuPont spinoff and a Massachusetts plant breeding startup over the exporting of patent-protected corn seed will continue to grow in Delaware federal court, unimpeded by DuPont researchers' decision to publicly deposit their seeds.

Patent 52
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Trademark Fundamentals: What Is a “Basis” for a Trademark Filing?

JD Supra Law

When applying to register a trademark, a critical component you will encounter is selecting a “basis” for the application. Selecting the correct basis is crucial for ensuring that your application is processed smoothly and aligns with your business activities. Let’s break down what “basis” means in the context of trademark filings and why it’s important for startup founders to understand this part of the trademark registration process.

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30 Wig Cos. Targeted At ITC In Patent Suit By JBS Hair

IP Law 360

A small Georgia company that calls itself "a leading innovator in the synthetic and human hair industry" is going to the U.S. International Trade Commission to complain about some 30 rivals it says are importing patent-infringing synthetic wigs, including one that was promoted by actress Vivica Fox.

Patent 52
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Game, Set, Match: Courts Curb Cheat Code Sellers

JD Supra Law

The $200 billion video game industry is centered around positive experiences where developers challenge player skill through game mechanics, level design, and other creative tactics. Through the course of the gameplay experience players are supposed to grow their skills to overcome new challenges. However, this lucrative industry has spawned a secondary market of “cheat codes” that change the developer-intended experience, typically creating an unfair advantage.

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$96M Award Cut To $34M After Justices' Lanham Act Ruling

IP Law 360

An Oklahoma federal judge on Monday reduced a $96 million trademark infringement award that went to the U.S. Supreme Court to about $34.4 million after justices concluded last year the Lanham Act applies only to domestic conduct in commerce.

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Olympic Thrills to Patent Skills: Understanding Apparatus and Method Claims

JD Supra Law

This year’s Olympic Games have already been packed with compelling storylines. These storylines include the somewhat controversial opening ceremony to Yusuf “hold my beer” Dikec winning hearts and the silver medal in pistol shooting, and Simone Biles clinching her tenth gold medal (with more possibly on the way). Adding to the Olympic headlines, on August 4, USA’s Noah Lyles added to the Olympic headlines by edging past Kishane Thompson, from Jamaica, to win his first Olympic gold medal with a.

Patent 66
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No Atty Fees For Either Side After $8K Copyright Verdict

IP Law 360

A Washington federal judge refused Monday to grant plaintiff Enterprise Management's request for over $920,000 in fees after winning an $8,000 copyright verdict, finding that although it was the prevailing party, it "filed meritless claims, knowingly pursued baseless claims, and sought settlement amounts that exceeded the value of this case.

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Patent Poetry: Federal Circuit Upholds IPR Estoppel Provisions

JD Supra Law

The Federal Circuit has affirmed a decision by the Patent Trial and Appeal Board (PTAB or Board) concerning the application of 37 CFR § 42.73(d)(3)(i)’s estoppel provisions in invalidating amended patent claims.

Patent 63
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J&J, Generics Spar In Remand On Schizophrenia Drug Patent

IP Law 360

Following a Federal Circuit ruling that gave generics makers Teva and Viatris a new shot at trying to invalidate the last remaining patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna, the parties are sparring over the impact of the appeals court's decision.

Patent 52
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Another Cases Update

BYU Copyright Blog

Another Cases Update Secondary Education,Private School,Pictorial Works,Logo,Settled Out of Court August 05, 02:25 PM August 05, 02:43 PM Morlos v. St. Francis On April 1st, 2024, we reported on a case involving professional photographer Mando Morlos (Morlos) and St. Francis High School - Salesian College Preparatory ("St. Francis") for copyright infringement and breach of contract.

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Pegasystems Slams Appian's 'Animus' After $2B Verdict Axed

IP Law 360

Business software maker Pegasystems says rival Appian's "animus" is behind a series of what it says are irrelevant, premature and burdensome discovery requests, after a Virginia appeals court vacated a $2 billion trade secrets judgment against Pegasystems.

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Precedential No. 17: TTAB Rules that Retail Offering of One's Own Goods Qualifies as a "Service" Under the Trademark Act

The TTABlog

In this opposition to registration of the mark BLIZZARD for various business services, Applicant Ava Labs, Inc., counterclaimed to cancel two pleaded registrations owned by Opposer Blizzard Entertainment for online retail store and mail order services. Ava asserted that the registered marks BLIZZARD and BLIZZARD ENTERTAINMENT have never been used or have been abandoned because the offering of one's own goods does not constitute a service done primarily for the benefit of others and therefore doe

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Google, OpenAI Accused Of Using YouTube Videos To Train AI

IP Law 360

A California man has hit Google and OpenAI with separate proposed class actions in federal court accusing the companies of unlawfully transcribing YouTube videos and using them to train their large language model artificial intelligence products without the permission of the people who uploaded those videos.

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Welcome to Patently-O

Patently-O

Welcome ! Patently-O is your premier source for news, information, and analysis in the world of patent law. The blog includes daily updates going back over 20 years. Thousands have subscribed to the email newsletter for convenient inbox updates. Explore career opportunities with the job board. And find occasional academic publications in the Patently-O Patent Law Journal.

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Full Fed. Circ. Won't Eye Ruling Clarifying Foreign Damages

IP Law 360

The full Federal Circuit declined Monday to review a decision that clarified how to apply a 2018 U.S. Supreme Court ruling on foreign damages in patent cases while rejecting Trading Technologies' bid to increase a $6.6 million verdict it won against IBG LLC.

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Commerce Department Announces Historic Investment in America’s Coastal Communities to Combat Extreme Weather Fueled by Climate Crisis

U.S. Department of Commerce

Announcement underscores Biden-Harris Administration’s commitment to climate resiliency From sea level rise and storm surges to eroding infrastructure, coastal communities are on the frontlines of dealing with the worsening impacts of climate change. As part of the Biden-Harris Administration’s commitment to combatting the climate crisis, Commerce Secretary Gina Raimondo recently announced that the Commerce Department is recommending $575 million in funding across 19 projects to boost climate re

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