3 Count: No Guidance
Plagiarism Today
OCTOBER 30, 2024
Chris Brown and Drake sued over No Guidance, LAION wins AI copyright case and CJEU rules all chairs get equal protection. The post 3 Count: No Guidance appeared first on Plagiarism Today.
Wed.Oct 30, 2024
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Intel’s EUR 1 Billion Fine Overturned: ECJ’s Landmark Ruling
JD Supra Law
OCTOBER 30, 2024
On October 24, 2024, the European Court of Justice (ECJ) confirmed the annulment by the General Court (GC) of the European Commission’s (EC) decision to impose a EUR 1.06 billion fine on Intel for the abuse of a dominant position on the x86 Central Processing Units (CPUs) market, specifically through the use of exclusivity rebates granted to several computer manufacturers.
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What Does Copyright Have to Do With McFlurries?
Plagiarism Today
OCTOBER 30, 2024
A recent decision by the US Copyright Office makes it easier to repair ice cream machines. But how did that happen? The post What Does Copyright Have to Do With McFlurries? appeared first on Plagiarism Today.
Bologna Court of Appeal confirms that Italian image rights extend to cultural heritage assets (which cannot be used commercially without authorization)
The IPKat
OCTOBER 30, 2024
The Duke's Aceto Balsamico di Modena. Over the years, The IPKat has reported on the growing body of case law issued by Italian courts concerning the extent to which the Italian Cultural Heritage Code (ICHC) prevents the use of assets belonging to the rich Italian cultural heritage without securing the prior authorization of competent administrative authorities.
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?
Tech Companies Flag Piracy Blocking as Threat to the Open Internet & Digital Trade
TorrentFreak
OCTOBER 30, 2024
Every year the office of the United States Trade Representative (USTR) publishes the National Trade Estimate Report on Foreign Trade Barriers. The report is compiled based on input from key industry players. This includes submissions from copyright industry groups, such as the MPA , that frequently highlight piracy challenges. Most rightsholders would like foreign countries to strengthen their online piracy efforts and policies, by implementing institutionalized piracy blocking schemes, for exam
Cryptocurrency Collective Files Trade Secret Suit to Protect Its Interest in Wu-Tang Clan Album
JD Supra Law
OCTOBER 30, 2024
Once upon a time in the Eastern District of New York, a cryptocurrency foundation, new owners of the sole copy of Wu-Tang Clan’s “Once Upon a Time in Shaolin,” filed suit against the album’s former purchaser, Martin Shkreli, accusing him of wrongfully retaining copies of album data with the intent to publicly release it. The dispute has proved contentious, with the Court now set to weigh a motion against Shkreli for contempt.
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OMB Issues Guidance to Agencies on Responsible Artificial Intelligence Acquisitions
JD Supra Law
OCTOBER 30, 2024
Contractors interested in offering federal agencies artificial intelligence (AI) can now glean insight into how agencies are expected to conduct AI acquisitions. On September 24, 2024, the Office of Management and Budget (OMB) issued Memorandum M-24-18, Advancing the Responsible Acquisition of Artificial Intelligence in Government (the Memorandum), providing guidance and directing agencies “to improve their capacity for the responsible acquisition of AI” systems or services, including.
CJEU Says Copyrighted Works of Art Get EU Protection Regardless of Standard in Origin Country
IP Watchdog
OCTOBER 30, 2024
The Court of Justice of the European Union (CJEU) has ruled that EU Member States are required to protect works of applied art in the European Union, irrespective of the country of origin of those works or the nationality of their author. The judgment in Case C-227/23 of 24 October 2024 (Kwantum versus Vitra) is a landmark copyright decision. The matter was referred to the CJEU by the Supreme Court of The Netherlands following a dispute between the companies Vitra and Kwantum.
What Civil Remedies are Available Under the Defend Trade Secrets Act?
JD Supra Law
OCTOBER 30, 2024
The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure of a trade secret without consent.
IBM Wants Extra $63M From Zynga After $45M App Patent Win
IP Law 360
OCTOBER 30, 2024
IBM Corp. asked a Delaware federal judge to add $63 million in enhancement and prejudgment interest onto its $45 million patent infringement award against Zynga Inc., a week after Zynga asked the court to order a new trial over the dispute.
IPO Diversity in Innovation Toolkit
Advertiser: IPO
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.
PTAB Denies Motion to Compel Discovery of Evidence from Parallel ITC Investigation Due to Lack of Inconsistency
JD Supra Law
OCTOBER 30, 2024
The PTAB denied a petitioner’s motion to compel routine discovery that sought information from a parallel ITC investigation for alleged inconsistent positions taken by patent owner in the IPR. The board found that patent owner had not taken inconsistent positions but warned patent owner that it had an ongoing duty to produce any information inconsistent….
Growth of AI Uses Raises Copyright Compliance Risk Worldwide
Velocity of Content
OCTOBER 30, 2024
Artificial intelligence (AI) has the potential to revolutionize industries, from automating routine tasks to enabling deep data analysis. As these technologies continue to gain traction, pending lawsuits and legal uncertainty around the globe highlight the need to respect copyright law while leveraging the power of AI. Generative AI systems are strengthened by reliance on high quality, responsibly sourced training materials, including copyrighted works.
Citing Issued Patent Instead of Pre-Grant Publication Almost Costs Petitioner
JD Supra Law
OCTOBER 30, 2024
Recently, the Patent Trial and Appeals Board (“PTAB”) released a final written decision finding no challenged claims were unpatentable in Duration Media LLC v. Rich Media Club LLC, IPR2023-00953, Paper 74 (August 19, 2024). Of importance, the petitioner unsuccessfully argued that an asserted prior art patent was not prior art under pre-AIA 102(b), despite the fact that its pre-grant publication would have been 102(b) art.
FDA Didn't Flub Approval In Orphan Drug Case, DC Court Says
IP Law 360
OCTOBER 30, 2024
The U.S. Food and Drug Administration didn't err in determining that a rival narcolepsy treatment is not the "same drug" as Jazz Pharmaceuticals' exclusive treatment, a D.C. federal judge ruled Wednesday, holding that the FDA's approval of the rival drug didn't run afoul of the Orphan Drug Act.
Domain Name News: October 2024
JD Supra Law
OCTOBER 30, 2024
This is the October edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Adios to.IO? / NIS2 Directive Article 28 /.KW direct registrations now allowed.
Judge Finds Some Patent Claims Indefinite In Chip Fight
IP Law 360
OCTOBER 30, 2024
A California federal judge has found that some of the claims in HD Silicon Solutions LLC patents it accused semiconductor company Microchip Technology Inc. of infringing are invalid, ruling they are not specific enough.
Perlmutter Gets Pressure from Congress to Release AI Reports
IP Watchdog
OCTOBER 30, 2024
Committee on House Administration Chairman Bryan Steil (R-WI) sent a letter On Tuesday, October 29, to the U.S. Copyright Office asking for an update on the Office’s multi-part report on the impact of artificial inteliigence (AI) on copyright law, which Steil said is no longer on track to be published by its stated target dates. The Committee on House Administration has statutory oversight authority over the Library of Congress and thus the U.S.
4th Circ. Mulls Shipping Honeywell Royalty Fight To Fed. Circ.
IP Law 360
OCTOBER 30, 2024
The Fourth Circuit grappled Wednesday with whether a fight over royalty payments between technology conglomerate Honeywell and its Japan-based rival had its roots in patent or contract law, which could dictate whether the appeal stays put or gets kicked over to the Federal Circuit.
The heart wants what it wants
Likelihood of Confusion
OCTOBER 30, 2024
Originally posted 2011-08-24 12:55:22. Republished by Blog Post PromoterThe New York Law Journal (subscription required) reports: Manhattan Supreme Court Justice Bernard J. Fried has ruled that under the terms of a January 2003 settlement agreement, [Woody Allen’s former producer] may develop television-and-airplane versions of Mr. Allen’s “Bullets Over Broadway,” “Mighty Aphrodite,” “Everyone Says I Love […] The post The heart wants what it wants
Northwestern Settles Patent Suit After $6.6M Trial Win
IP Law 360
OCTOBER 30, 2024
Northwestern University told a Delaware federal judge it has reached a deal to bring an end to its patent infringement suit against Universal Robots over three patents on collaborative robot, or "cobot," systems, about a month after a jury handed the school a $6.6 million verdict in its favor.
TTABlog Test: Is PHYSICIANCARE Merely Descriptive of Software and Services Enabling Manufacturers to Deliver Information to Healthcare Providers?
The TTABlog
OCTOBER 30, 2024
The USPTO refused registration of the mark PHYSICIANCARE under Section 2(e)(1), finding it merely descriptive of services that enable the management and delivery, on behalf of pharmaceutical and medical device manufacturers, of clinically relevant communications to physicians and other healthcare providers. Applicant LDM Group argued that its mark cannot be descriptive because "it is not providing a medical service," pointing to the Examining Attorney’s “concession” that Applicant’s services “do
After Exeltis Win, Judge Won't Allow Suits On Dropped Patents
IP Law 360
OCTOBER 30, 2024
A Delaware federal judge has shot down a request that seven patents Insud Pharma's New Jersey-based division Exeltis USA Inc. dropped in patent litigation against Lupin Pharmaceuticals Inc. be dismissed in a way where they could be refiled later.
Federal Circuit Vacates Denial of Anti-Suit Injunction in FRAND Dispute, Clarifying “Dispositive” Analysis
Patently-O
OCTOBER 30, 2024
Dennis Crouch The Federal Circuit has vacated the E.D.N.C. Judge Boyle’s denial of an anti-suit injunction in a major FRAND licensing dispute between Ericsson and Lenovo. Telefonaktiebolaget LM Ericsson v. Lenovo (United States), Inc. , No. 24-1515 (Fed. Cir. Oct. 24, 2024). The decision provides important guidance on when U.S. courts should issue anti-suit injunctions to prevent SEP holders from enforcing foreign injunctions while FRAND obligations are being adjudicated domestically.
Realtor.com's Parent Can Amend Costar Claims, Judge Rules
IP Law 360
OCTOBER 30, 2024
A federal judge has ruled that Realtor.com's parent company can amend two claims alleging its rival Costar unlawfully accessed its computers but that it would not be limited in its Computer Fraud and Abuse Act claim to arguing that it suffered "technological harms.
Natco vs. Bayer: India’s Bold Move on Compulsory Licensing and the Backlash from Foreign Nations
Intepat
OCTOBER 30, 2024
Introduction The debate surrounding the compulsory licensing process has gained prominence globally concerning the pharmaceutical industry, where the rise of prices of drugs has limited the scope of accessing rights to health, especially in developing countries. While various pharmaceutical companies argue that the grant of patents is necessary in order to protect the interests of the inventors however, critics suggest that such protection leads to an exorbitant rise in the price of drugs and ma
Judge Quizzes Attys As $1.5M Mascara TM Trial Wraps
IP Law 360
OCTOBER 30, 2024
A California federal judge quizzed counsel during bench trial closings Wednesday in Benefit Cosmetics' $1.49 million lawsuit alleging e.l.f. Cosmetics' "Lash 'N Roll" mascara ripped off Benefit's blockbuster "Roller Lash" mascara, questioning why Benefit didn't conduct a consumer survey and asking whether it matters that Benefit inspired e.l.f.'s product.
Manufacturing Booms Thanks to Biden-Harris Administration Investments
U.S. Department of Commerce
OCTOBER 30, 2024
“Our manufacturing future, our economic future, our solutions to the climate crisis are all going to be made in America, creating good jobs.” - President Joe Biden The U.S. manufacturing sector contributes $2.65 trillion to the U.S. economy , employs nearly 13 million American workers , and accounts for 10.3 percent of the nation’s GDP. Manufacturing Month is a time to recognize U.S. manufacturers and their contributions to employment, innovation, and economic growth.
Eyelash Biz Wants Albright To Triple $31M Patent Verdict
IP Law 360
OCTOBER 30, 2024
A California company that sells do-it-yourself eyelash extension kits is asking U.S. District Judge Alan Albright to triple a nearly $31 million willful patent infringement verdict against a Chinese rival that "intentionally flooded the market with 632 models of infringing products.
[Audio] #WorkforceWednesday®: Wizarding and the World of Trade Secrets - Spilling Secrets Podcast - Employment Law This Week®
JD Supra Law
OCTOBER 30, 2024
This week, on our Spilling Secrets podcast series, our panelists connect the enchantment of Harry Potter with the intricacies of trade secrets and restrictive covenants: Prepare to be spellbound this Halloween as we cast a magical twist on the realm of trade secrets and restrictive covenants! Whether you're a Gryffindor at heart or more of a Slytherin, there's something for every magical mind seeking to safeguard their organization’s trade secrets.
Suit Says Print Shop Stole Watermarked Pics For Contract Bid
IP Law 360
OCTOBER 30, 2024
An advertising firm is taking a printing and promotions shop to North Carolina federal court after the printer allegedly misappropriated photos of the ad company's camouflage products and used them to try to score a merchandising deal with the Missouri Army National Guard despite one picture bearing its actual owner's watermark.
Halliburton Loses Fracking Claims At Patent Board
IP Law 360
OCTOBER 30, 2024
A Texas business has persuaded an administrative board at the patent office to wipe out all of the claims in a Halliburton Co. patent that covered a method of operating an electric fracking pump.
Historic World Series Prompts Flagrant IP Theft, MLB Says
IP Law 360
OCTOBER 30, 2024
A World Series matchup between two of baseball's most storied franchises has fueled a boom in sales of counterfeit apparel, Major League Baseball's media arm has told a New York federal court, identifying several pockets of New York City as hubs for the illicit merchandise.
False Patent Marking Claims Find New Home In Lanham Act
IP Law 360
OCTOBER 30, 2024
While the Patent Act may have closed the courthouse doors for many false patent marking claims, the Federal Circuit, in its recent decision in Crocs v. Effervescent, may be opening a window to these types of claims under the Lanham Act, says John Cordani at Robinson & Cole.
Cannabis Fertilizer Co. Can Mostly Bar Rival's IP Theft In Ads
IP Law 360
OCTOBER 30, 2024
A Seattle federal judge has curtailed a fertilizer manufacturer's use of a rival's name in marketing its cannabis-focused products, saying he found it "problematic" that the company's messaging suggests using both products in tandem.
A Look At Calif. Biz Code And The Fight Over Customer Lists
IP Law 360
OCTOBER 30, 2024
To ensure Uniform Trade Secret Act security, California staffing agencies and their attorneys should review Section 16607 of the state Business Code, which prohibits contracts that restrain employees from engaging in other lawful types of business, to understand the process for determining whether a customer list constitutes a trade secret, says Skye Daley at Buchalter.
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