Fri.Feb 09, 2024

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City Council Unwittingly Approves Pirate IPTV Scheme and Documents Everything

TorrentFreak

From the very beginning and from every possible angle, this story makes almost no sense. But it will, eventually. By chance, when trying to track down a document a few weeks ago, a.pdf file with ‘IPTV’ in the description suddenly stood out in Google search results. Interesting things can appear by pure luck but, on first view, the document seemed quite mundane.

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Other Barks and Bites, Friday, February 9: German Court Issues Injunction Against Certain Intel Chips; Report Finds Generative AI Patent Applications Growing Fast; DraftKings Sues Former Executive for Stealing Trade Secrets Right Before the Super Bowl

IP Watchdog

This week in Other Barks and Bites: the CAFC revives a food slicer patent dispute and partially vacates the Patent Trial and Appeal Board on written description in two precedential rulings; DraftKings accuses a former executive of stealing trade secrets and heading to a rival gambling company ahead of the Super Bowl; and a German patent court issues and injunction that could limit some HP and Dell products from being sold in the country.

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Appeals Court Hears RIAA and Yout in ‘High Stakes’ Stream-ripper Case

TorrentFreak

At the end of 2020, the operator of one of the largest YouTube rippers took the unprecedented step of taking the music industry to court. Yout.com’s Johnathan Nader had grown tired of the bombardment of DMCA takedown requests and allegedly defamatory claims. In response, he sued the RIAA, asking the federal court in Connecticut to declare his service non-infringing.

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Comments on the Proposed Trademarks (1st Amendment) Rules, 2024

SpicyIP

Image from here On January 10, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024. As discussed by Pragya Singh and Lakshita Handa, here , the proposed Rules are marred with inconsistencies and can surely benefit from an assessment through the principles of simplicity, rationality, accountability and accessibility.

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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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Infographic | National pizza day

Olartemoure Blog

Why does pizza come in cardboard boxes? How did we come to enjoy pizza the way we do today? While the origins of National Pizza Day remain shrouded in mystery, one thing’s for sure—we all know how to relish a good slice. In the spirit of celebrating this beloved day, let’s explore some of the fabulous inventions that have played a role in shaping our modern—and cozy—pizza experience.

Inventor 105
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Fourth Circuit Rules Against News Org's Fair Use of Ted Nugent Photograph

JD Supra Law

The U.S. Court of Appeals for the Fourth Circuit ruled on Feb. 6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news organization did not alter or add any new expression required to overcome the requirements for….

Fair Use 103

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Shaping the Digital Future: The Newly Adopted EU Data Act and Its Impact

JD Supra Law

In the rapidly evolving digital landscape, the European Union’s Data Act (Data Act), adopted on November 27, 2023 marks a significant shift in data, privacy, and intellectual property regulation. The Data Act applies to manufacturers of connected devices (such as IoT and medical devices, but also connected vehicles). Among other entities, it also applies to data processing services, such as cloud services providers and their users, public sector bodies, and others.

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2023 Patent Litigation: A Year In Review

IP Law 360

Attorneys filed fewer patent suits in district courts in 2023 than in any year for more than a decade, and the amount of America Invents Act petitions at the Patent Trial and Appeal Board fell to a 10-year low as well. The Western District of Texas also lost its place as the most popular patent litigation venue in the U.S. in 2023, with the Eastern District of Texas overtaking it.

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Will India Replace China in the U.S. Drug Supply Chain?

JD Supra Law

In a recent opinion piece in Newsweek, Dr. Rahul Tiwari asserts that pharmaceutical companies in India have an opportunity to supplant China's dominant position in producing active pharmaceutical ingredients ("API's") and other raw materials that are critical elements in the U.S. drug supply chain.

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Upcycling at the Super Bowl

Trademark and Copyright Law Blog

As we approach the Super Bowl, the world of “upcycling” also takes the stage. Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item. This season, celebrities Taylor Swift, Simone Biles, and others have worn unique designs based on NFL jerseys and related team-branded gear. These upcycled garments were created by Kristin Juszczyk, the wife of San Francisco 49ers fullback Kyle Juzczyk and an up-and-coming designer in her own right.

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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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Stay ADvised: 2024, Issue 3

JD Supra Law

In its ongoing action focused on robocalls, the Federal Trade Commission (FTC) is taking steps against two companies that make robocalls possible. It recently announced separate settlements against companies accused of assisting telemarketers to make prerecorded messages or calls to numbers on the Do Not Call (DNC) list.

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Friday Fantasies

The IPKat

The IPKat brings you information regarding happenings in the world of IP this week: Events 2024 WIPO Global Awards WIPO announced the call for entries for the 2024 WIPO Global Awards, open from January 15 to March 31, 2024. This year, the competition welcomes startups, alongside small and medium-sized enterprises (SMEs) from around the world active in all sectors of the economy to apply– be that technology, agriculture, the creative industries or beyond.

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Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

JD Supra Law

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of Washington, D.C. Turning to the statistics, the number of appeals from the U.S. Patent and Trademark Office (USPTO) held steady from 2022, as did appeals originating from district court patent cases.

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The Briefing – Brandy Melville v Redbubble: Navigating Contributory Infringement

The IP Law Blog

Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here.

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Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

JD Supra Law

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools. 2023 WL 8039640 (N.D. Cal. Nov. 20, 2023) (commonly referred to as Silverman v. Meta). Notably, Judge Vince Chhabria’s order granting the motion to dismiss rejected the theory that generative language models can themselves constitute infringing derivative works as.

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The Briefing – Brandy Melville v Redbubble: Navigating Contributory Infringement

LexBlog IP

Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here.

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NIL: Never-ending Intercollegiate Litigation

JD Supra Law

Whether you are a passionate supporter of college athletics or a casual sports fan, nearly everyone has heard the three letters, NIL. NIL (or name, image, and likeness) has quickly become part of the national sports lexicon ever since the United States Supreme Court opened the door for student athletes to receive monetary compensation under National Collegiate Athletic Association v.

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Apple, Sentius End 'Red Squiggly' Line Patent Dispute

IP Law 360

Sentius International LLC has dropped its lawsuit alleging Apple Inc. infringed its patents concerning the "red squiggly" line spell-check feature in iPhones and MacBooks, according to a joint stipulation filed Friday in California federal court.

Patent 52
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[Audio] (Podcast) The Briefing – Brandy Melville v Redbubble: Navigating Contributory Infringement

JD Supra Law

Brandy Melville asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing.

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Googling Prospective Jurors Is Usually A Fool's Errand

IP Law 360

Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

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Updates on Aflibercept BPCIA Litigation - February 2024

JD Supra Law

On Friday, January 20, 2024, Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed an ex parte application for a scheduling order setting the schedule for preliminary injunction proceedings or, in the alternative, an emergency status conference. Regeneron requested that the court “enter a preliminary injunction schedule that tracks the schedule in West Virginia.”.

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Anschutz Says Exploration Co. Stole Well Stats

IP Law 360

An oil and gas exploration company owned by the Anschutz Corporation has accused a Denver prospector of stealing and sharing its confidential well production statistics to promote a development project, according to a trade secrets lawsuit filed in Colorado state court.

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How Original! The Oscars and the Craft of Derivative Works

JD Supra Law

Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how many nominees are, in fact, adaptations of existing art. Look no further than this year’s top contenders for examples of this, including Oppenheimer, American Fiction, Killers of the Flower Moon, Poor Things (all based on books)—and, of course, Barbie.

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Fed. Circ. Affirms Alice Rejection Of Financial Trading Patent

IP Law 360

The Federal Circuit has backed the U.S. Patent and Trademark Office's decision to reject an application for a patent on electronic trading of financial instruments, affirming a finding that the patent didn't actually cover something patentable.

Patent 52
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2023 Design Patents Year in Review: Analysis & Trends: PTAB: Design Patents for GUI Interface Cancelled in AIA Proceedings

JD Supra Law

All three of the challenges that the Patent Trial and Appeal Board (PTAB) instituted in 2022 resulted in a final written decision canceling the challenged patent. Two of the three final written decisions rendered in 2023 are notable because they are the first ones to cancel a design patent for a graphical user interface design. Specifically, the PTAB cancelled Wepay Global Payment’s U.S.

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Skillz Wins $42.9M IP Trial Against Rival Accused Of Bot Fraud

IP Law 360

A California federal jury awarded mobile game platform Skillz's $42.9 million Friday in its patent infringement fight against rival AviaGames, which is currently facing a criminal probe into its purported use of bots.

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Not a Party, Not a Problem: Judge Clarke Grants Intervenor’s Motion to Stay Pending Non-Party’s Inter Partes Review of the Asserted Patent

JD Supra Law

On January 31, 2024, Judge Jessica G. L. Clarke granted an intervenor’s motion to stay pending the conclusion of a U.S. Patent and Trademark Office inter partes review of the asserted patent that was filed by a third party. In the litigation, plaintiff True Return Systems LLC alleged that defendant Compound Protocol infringed a patent related to blockchain technologies like those used in cryptocurrencies.

Patent 66
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Vidal Told PTAB Rightly Denied Ford, Honda Cases

IP Law 360

A wireless communication patent owner has said U.S. Patent and Trademark Office Director Kathi Vidal should back the Patent Trial and Appeal Board's rejection of challenges from Ford and Honda.

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The Federal Circuit Once Again Shows Its Willingness to Reject Conclusory Allegations of Inventiveness

JD Supra Law

The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation (“IBM”) patents-at-issue, U.S. Patent Nos. 6,778,193 and 6,785,676 (the “'193 patent” and “'676 patent,” respectively) were directed to ineligible subject matter under 35 U.S.C. § 101.

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Salesman Used AI To Transcribe Calls, Steal Secrets, Co. Says

IP Law 360

Two Nebraska-based technology companies say a former Connecticut salesman used the "unauthorized" artificial intelligence program Otter to record meetings, forwarded more than 200 confidential messages to his personal email address and made off with trade secrets for accounts worth $12 million after he was fired for cause on Feb. 1.

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Roku, Inc. v. International Trade Commission – The Power of Words in Patent Assignments

JD Supra Law

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on patent assignments and satisfying the “domestic industry” requirement at the International Trade Commission (“ITC”) in Roku, Inc. v. International Trade Commission, 2024 WL 202033, –F.4th– (Fed. Cir. 2024).

Patent 63
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The Briefing – Brandy Melville v Redbubble: Navigating Contributory Infringement

LexBlog IP

Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here.

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Federal Circuit Affirms Claim Construction and How It Applies

JD Supra Law

In Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc., the Federal Circuit recently affirmed two PTAB decisions in IPRs filed by Pacific Biosciences of California, Inc. (PacBio) that challenged a Personal Genomics Taiwan (PGT) patent, U.S. Patent No. 7,767,441, directed to a device for determining the identity of biomolecules.

Art 63
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Financial control with information requirements

Olartemoure Blog

The Superintendence of Companies, in exercise of its inspection and control powers, issued the Single Circular of Financial Information Requirement (CURIF). This circular allows the entity to request, confirm and analyze data on the legal, accounting, economic and administrative situation of various entities, such as commercial companies, branches of foreign companies, supervised sole proprietorships, Chambers of Commerce, among others.

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PTAB Alert: Implicit Claim Construction and the Standard of Review

JD Supra Law

Today, the Federal Circuit issued a precedential decision vacating and remanding a PTAB decision based on an erroneous implicit claim construction. Google v. EcoFactor, Case Nos. 2022-1750, 2022-1767 (Fed. Cir. Feb. 7, 2024). The challenged patent described a thermostat capable of dynamically balancing between comfort and energy savings. The Board issued a Final Written Decision finding that Google did not meet its burden of proving the claims unpatentable.

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