Wed.Jan 29, 2025

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3 Count: House of Lords

Plagiarism Today

House of Lords deals a blow to AI reform, LLM removed after a copyright claim and a Brazilian soccer streamer moves to YouTube. The post 3 Count: House of Lords appeared first on Plagiarism Today.

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New Bill Aims to Block Foreign Pirate Sites in the U.S.

TorrentFreak

For a long time, pirate site blocking was regarded as a topic most U.S. politicians would rather avoid. This lingering remnant of the SOPA debacle drove copyright holders to focus on the introduction of blocking efforts in other countries instead, mostly successfully. Those challenging times are now more than a decade old and momentum is shifting. Today, Representative Zoe Lofgren (D-CA) introduced the Foreign Anti-Digital Piracy Act (FADPA), which paves the way for blocking injunctions targetin

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The Schadenfreude of OpenAI Attacking DeepSeek

Plagiarism Today

OpenAI is accusing DeepSeek of misusing their AI models to train their own. The response has been a combination of skepticism and mockery. The post The Schadenfreude of OpenAI Attacking DeepSeek appeared first on Plagiarism Today.

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Part Two: Copyright Office AI Report Says Creative Prompting Doesn’t Constitute Authorship

IP Watchdog

The U.S. Copyright Office has released Part 2 of its multi-part artificial intelligence (AI) report, this one focusing on copyrightability of works made by or using AI. Part 1 of the report was published in July 2024 and addressed digital replicas created by AI. Among the Copyright Offices recommendations was the need for passage of a federal law that would create a new form of property right for a persons digital replica to disincentivize the creation of realistic but false depictions of indivi

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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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AI Art Needs Human Input For Copyrights, Gov't Report Says

IP Law 360

Simply directing artificial intelligence platforms to make art, music, videos and other creative works is not enough for users of AI systems to be considered authors entitled to copyright protection, the U.S. Copyright Office said Wednesday in a report that's part of a broader agency initiative to explore legal issues raised by the revolutionary technology.

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CAFC Affirms Amazon Win Due to Patent Owner Failure to Provide Fair Notice of Accused Products

IP Watchdog

Yesterday, the U.S. Court of Appeals for the Federal Circuit issued a per curiam ruling in Huang v. Amazon.com, Inc. affirming the Northern District of Californias dismissal of patent infringement claims broadly seeking damages for the smartphone industrys use of semiconductor technologies. The Federal Circuit agreed that pro se appellant Xiaohua Huang did not provide fair notice to Amazon and other defendants by properly specifying which accused products infringed the asserted claims, and that

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TorrentGalaxy Pleads Financial Difficulties, Asks Users to Chip In

TorrentFreak

Founded in 2018, TorrentGalaxy has grown to become a leading player in the torrent ecosystem. The site was launched by former members of ExtraTorrent, a popular torrent site that had just shut down. The founders of TorrentGalaxy aimed to provide a home for ExtraTorrent ‘refugees’ but, over time, it evolved into one of the leading torrent sites.

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[Video] How Delaying Third Party Discovery Can End Up Costing You Dearly

JD Supra Law

What happens when the clock runs out on critical evidence in a high-stakes patent infringement case? Join me, Kelly Twigger, as we unravel the intricate layers of electronic discovery through the compelling Beacon Navigation v. BMW case. Discover how Beacon's late acquisition of essential source code from BMW's third-party supplier, Harman, put their litigation strategy on thin ice.

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Taking Stock of ANI vs OpenAI Copyright Litigation- Part I

SpicyIP

Image from here [ This post is authored by Bharathwaj Ramakrishnan. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed here. ] As perhaps all readers are aware by now, the GenAI Copyright litigations have made their presence known in India. As discussed earlier , ANI had filed a copyright lawsuit against Open AI in the Delhi High Court.

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Effective Clinical Trial Agreements: What You Need to Know

JD Supra Law

Clinical trial agreements (CTAs) form the foundation of any clinical research initiative, establishing the legal and operational framework essential for a study's success. Crafting, reviewing, and negotiating CTAs require meticulous attention to detail and strategic foresight. A well-drafted CTA, along with related study agreements, can significantly impact critical aspects of a trial, including study enrollment, data integrity, and protocol adherence, ultimately shaping the trial's overall.

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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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A Trademark Clash Over Cider

Biswajit Sarkar Copyright Blog

London, UK A fizzing legal battle is brewing in the Intellectual Property world as Thatcher Cider, a renowned British cider brand, locks horns with supermarket giant Aldi over an alleged Trade Mark infringement. The dispute centres around Aldi latest cider offering, which Thatchers claims closely resembles its own well-established brand, leading to consumer confusion.

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[Audio] NIL News: End of Year Roundup — Highway to NIL Podcast

JD Supra Law

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.

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Taking Stock of ANI vs OpenAI Copyright Litigation- Part II

SpicyIP

Image from here [ This post is authored by Bharathwaj Ramakrishnan. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed here. ] In the first part of the post, we dealt with the relevant background, wherein I stated that it is useful to see any GenAI model as being located within an AI supply chain.

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Domain Name News: January 2025

JD Supra Law

This is the January 2025 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 To renew, or not to renew? CENTR asks the question Don't let your domain names become "Sitting Ducks".

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An Inside Look at T. Rowe Price’s Approach to Copyright & Responsible AI

Velocity of Content

CCC recently reached out to experienced legal professionals to gain a better understanding of the ways in which they are incorporating tools with artificial intelligence (AI) capabilities into their everyday workflows, as well as how they are updating copyright policies and procedures with respect to AI. The following is based on an interview we conducted with John A.

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Wallpaper With Copyright-Protected Images: Limits to "Expected Commercial Use" in Germany, France and the United Kingdom

JD Supra Law

The Situation: Photo wallpaper will most likely be copyright-protected. There are limits to implied consent of the rightsholder, particularly in relation to the commercial use of images or other copyright-protected objects in the background.

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With Content as Inspiration, Students Become Readers

Velocity of Content

I am a survivor of the color-coded SRA cards stored in boxes at the back of the classroom. I do not remember a single word I read on those cards, but I do remember how painfully boring and predictably systematic the stories were. Luckily, I grew up in a home environment where daily life involved reading. I devoured Judy Blume, fell asleep to my mothers voice reading C.

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Teva Branded Pharm. Products R&D, Inc. v. Amneal Pharms. of NY, LLC

JD Supra Law

ProAir HFA (albuterol sulfate) - Case Name: Teva Branded Pharm. Products R&D, Inc. v. Amneal Pharms. of NY, LLC, No. 2024-1936, 2024 WL 5176737 (Fed. Cir. Dec. 20, 2024) (Circuit Judges Prost, Taranto, and Hughes presiding; Opinion by Prost, J.) (Appeal from D.N.J., Chesler, J.).

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UK Readers Please Ask Your MPs to Preserve the Human Rights of Artists Against AI

The Trichordist

UK Readers Please Write your MPs to Protect Human Rights of Artists

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A cold plunge into energy transition patent pools

JD Supra Law

It's not swimming pool weather yet, but here's another one companies looking to license and monetize patent portfolios relating to energy transition technologies are starting to pop up more often, and their scope of targets is wide. Companies looking to invest in these technologies should have these licensors on their radar and, even if they're not interested in taking the plunge with a license, should understand the potential IP risks to come.

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Fed. Circ. Affirms Delaying Biosimilars For Regeneron's Eylea

IP Law 360

A West Virginia federal judge has the power to oversee patent infringement litigation against drugmakers from South Korea and Germany and stop them from launching biosimilar versions of Regeneron's blockbuster eye disease treatment Eylea, the Federal Circuit said Wednesday.

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Thatchers v. Aldi: A Bitter Battle over Cider Branding

JD Supra Law

On 20 January 2025, the Court of Appeal handed down its judgment in the trade mark dispute between Thatchers Cider Company Limited (Thatchers), the largest family-run independent cider producer in the UK, and Aldi Stores Limited (Aldi), the UK subsidiary of a German supermarket operator, in relation to Aldis alleged copycat cider product.

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Motorola Says Hytera Owes It $14.6M For IP Infringement

IP Law 360

Motorola on Tuesday urged an Illinois federal court to have its Chinese rival Hytera Communications pay no less than $14.6 million in copyright infringement damages in their long-running spat over digital two-way radios, saying Hytera had not met its burden of disputing the amount Motorola had already reduced from $46 million.

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Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret Misappropriation Under the California Uniform Trade Secrets Act

JD Supra Law

A recent federal district court ruling serves as an important reminder that a former employee may be held liable for trade secret misappropriation even if the alleged trade secrets are not physically or electronically taken by the departing employee, but instead retained only in memory.

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Comet Wins $17M Fee Award After $40M Trade Secret Win

IP Law 360

A California federal judge has ordered Singapore-headquartered XP Power to pay $17 million to Comet Technologies USA for the tech company's legal fees in the wake of Comet's $40 million trial win, saying the award will deter "malicious trade secret misappropriation" and "encourage trade secret defendants to make reasonable litigation decisions.

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Federal Circuit Reverses Decision Finding Lack of Written Description for Patent Claiming a Pharmaceutical Composition Comprising the Two Active Ingredients in Entresto®

JD Supra Law

The Federal Circuit recently reversed a District of Delaware decision that invalidated claims of Novartiss Orange Book listed patent, U.S. Patent No. 8,101,659 (the 659 patent), for its blockbuster drug Entresto, a combination drug used to treat heart failure. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Patent 67
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LG Foe Loses Fed. Circ. Appeal On Image Processing Patent

IP Law 360

The Federal Circuit shot down an appeal launched by a face detection technology patent owner over how a lower court construed claim terminology in the patent, handing a win Wednesday to LG in a suit accusing it of infringement.

Patent 52
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Latest Federal Court Cases: Steuben Foods, Inc. v. Shibuya Hoppman Corp.

JD Supra Law

Steuben Foods, Inc. v. Shibuya Hoppman Corp., Appeal No. 2023-1790 (Fed. Cir. Jan. 24, 2025) In its only precedential patent decision this week, the Federal Circuit addressed an anachronistic exception, long mentioned but rarely applied in the field of patents: the reverse doctrine of equivalents. This marks the first time the doctrine has appeared in Federal Circuit precedent in more than 15 years.

Patent 65
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Labcorp Can't Flip Patent Board Loss At Fed. Circ.

IP Law 360

Labcorp had no luck Wednesday trying to convince Federal Circuit judges to overturn a patent board decision that refused to invalidate a host of claims in a patent covering a way of detecting genetic disorders.

Patent 52
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Competition Tribunal refuses JAMP leave to commence ustekinumab abuse of dominance application

JD Supra Law

As we previously reported, JAMP sought leave to commence an application against Janssen under the abuse of dominance provisions of the Competition Act (the Act), relating to ustekinumab (Janssens STELARA and FINLIUS). This was the first application for leave to commence a proceeding under section 79 of the Act. On November 20, 2024, the Competition Tribunal dismissed JAMPs application: JAMP Pharma Corporation v Janssen Inc, 2024 Comp Trib 8.

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Spotify Beats Suit Challenging 'Bundling' Royalty Structure

IP Law 360

A New York federal judge tossed a challenge to Spotify's new method for calculating artist royalties Wednesday, finding that the streaming giant followed the law in "bundling" a premium subscription that gives users access to both music and audiobooks.

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Amgen and Celltrion Settle Denosumab BPCIA Case

JD Supra Law

On January 23, 2025, the District Court for the District of New Jersey entered a Consent Judgment and Injunction in view of a settlement agreement between Amgen and Celltrion resolving the BPCIA litigation regarding Celltrions denosumab biosimilar, CT-P41..

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Retailers Back Intel, OpenSky In VLSI IP Fight At Fed. Circ.

IP Law 360

A retail trade association has urged the Federal Circuit to affirm the U.S. Patent and Trademark Office's decision not to throw out a challenge to a VLSI chip patent that ended up being invalidated, saying there was nothing wrong with allowing Intel to join the fight.

IP 52
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Federal Circuit Highlights the Importance of Separating Claim Construction and Infringement Analysis When Dealing with After-Arising Technology

JD Supra Law

Novartis Pharmaceuticals Corporation v. Torrent Pharma Inc., No. 23-2218 (Fed. Cir. 2025) On January 10, 2025, the Federal Circuit reversed the district courts opinion that claims of a Novartis patent are invalid for lack of adequate written description, but affirmed the district courts finding that the claims were not proven invalid for lacking enablement or being obvious over the asserted prior art.

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9th Circ. Affirms Ax Of Patent Atty's Allergan FCA Fight

IP Law 360

A Ninth Circuit panel on Wednesday affirmed the dismissal of a patent attorney's False Claims Act lawsuit alleging Allergan and Adamas Pharma fraudulently obtained patents to block generic competition for two Alzheimer's drugs, finding the information he disclosed was already publicly available and so his FCA claims are barred.

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