Tue.Apr 30, 2024

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Plan Ahead

Erik K Pelton

Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand. The post Plan Ahead appeared first on Erik M Pelton & Associates, PLLC. Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand.

Branding 261
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3 Count: One More AI Lawsuit…

Plagiarism Today

Google sued by artists over image generation AI, OpenAI inks deal with the Financial Times and Fearless Girl creator settles case with bank. The post 3 Count: One More AI Lawsuit… appeared first on Plagiarism Today.

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FTC Issues Final Rule Banning Non-Compete Agreements

JD Supra Law

On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition. The Final Rule will go into effect 120 days after being published in the Federal Register, though there will certainly be legal challenges to it.

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Columbia Unviersity President Targeted with Plagiarism Allegations

Plagiarism Today

Nemat “Minouche” Shafik, the President of Columbia University, is facing allegations of plagiarism. Here's why her case is different. The post Columbia Unviersity President Targeted with Plagiarism Allegations 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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Can Machines Invent Drugs: Patent Law Seeks to Prioritize Human Innovation as Artificial Intelligence Inventions Rise

JD Supra Law

In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial intelligence—a term coined after Turing’s death—has become a facet of our everyday lives. Artificial Intelligence (AI) can be used to improve efficiency, predict outcomes with a high degree of accuracy, and even create new data and solutions. At the same time, AI and its capabilities are evolving more quickly than the laws and regulations governing its use.

Invention 116
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Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Patently-O

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. The core task of patent examination is identifying quality prior art. References must be sufficiently accessible, clear, and enabling to serve as legitimate evidence of what was previously known.

Art 111

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Copyrightability of AI-Generated Works

Copyright Alliance

Where and how should we draw the line between protectable and non-protectable AI-generated works? There is little doubt that most of the focus relating to the impact of artificial intelligence […] The post Copyrightability of AI-Generated Works appeared first on Copyright Alliance.

Copyright 109
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Infographic | Shakespeare and Intellectual Property

Olartemoure Blog

In the Elizabethan time, plagiarism in theater and in literature wasn’t viewed as it is today. Authors like Shakespeare freely drew inspiration from various sources. A clear example can be seen in “Romeo and Juliet,” where Shakespeare took a lot from Arthur Brooke’s poem, “The Tragical History of Romeus and Juliet,” published in 1562 , but enriched the story and characters.

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Where VLSI-Intel's High-Stakes Patent Battle Stands Now

IP Law 360

Intel has managed to turn the tide on litigation where it had faced the daunting possibility of owing VLSI Technology more than $3 billion for infringing microchip patents, with the tech company winning patent invalidations and a large verdict do-over. Here's a look at where the multifaceted litigation between the companies stands.

Patent 102
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A Frequent Mistake—Undoing an Assembly Line—Part 1

Christopher Roser

Assembly lines are everywhere in mass production. From mobile phones to cars to airplanes, almost all items produced in large quantities come from an assembly line. Just look around you wherever you are and try to find a produced item that did NOT come from an assembly line. My general recommendation is that if you. Read more The post A Frequent Mistake—Undoing an Assembly Line—Part 1 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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Samsung Gets PTAB To Sink Patent Tied To $142M Verdict

IP Law 360

The Patent Trial and Appeal Board has ruled in favor of Samsung Electronics Co. LTD in the company's challenge to LTE technology owned by G+ Communications LLC, invalidating one of the patents involved in a Texas case where G+ won a $142 million verdict against the tech giant.

Patent 98
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Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

SpicyIP

Discussing the Delhi High Court’s Microsoft Technology Licensing v. Asst. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore and wrote this post while interning with us. His passion lies in understanding the intersection of economics and public health with intellectual property rights.

Invention 100
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Alden Newspapers Allege OpenAI, Microsoft Rip Off IP

IP Law 360

Eight regional newspapers owned by private equity giant Alden Global Capital sued OpenAI and Microsoft in New York federal court Tuesday, accusing the tech companies of ripping off the newspapers' copyrights and misappropriating news articles to train AI chatbots that also allegedly spread fake news falsely attributed to the newspapers.

IP 98
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Site-blocking: can the U.S. finally get it done?

The Illusion of More

The Motion Picture Association (MPA) has prefaced a renewed interest in site-blocking legislation to combat piracy. Will things be different this time? When the internet industry killed the antipiracy bills SOPA and PIPA in January 2012, I was a newbie blogger but guessed at the time that those parties had totally blown their wad on […] The post Site-blocking: can the U.S. finally get it done?

Law 94
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Marketing Partnerships with Olympic Athletes: Is it Worth the Effort for Cannabis Brands?

JD Supra Law

As the 2024 Paris Olympics draws near, many brands are eager for an opportunity to partner with Olympic athletes to enhance brand visibility and grow market share in competitive industries. In particular, brands participating in the commercial adult-use or medical cannabis industries may see the Paris Olympics as a unique opportunity to be among the first associated with a unifying, inspirational international athletic completion, all while reaching a substantial and diverse audience of.

Brands 78
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“Government Agencies that Lack Domain Expertise can Stymie Breakthrough Inventions,” says A.I. Cancer Pioneer and Entrepreneur with 142 Patents

IP Close Up

Alan Nelson, a pioneering biomedical engineer and entrepreneur, shared his three-decades of experience with AI machine learning at the recent IP Awareness Summit.

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Cancer Drugs: Strategies For Patenting Antibody-Drug Conjugate Inventions

JD Supra Law

Antibody-drug conjugate (ADC) is a promising class of cancer treatments with accelerating U.S. Food and Drug Administration (FDA) approval and rapidly growing market size as discussed in previous articles in this series. This article discusses patent strategies for ADC inventions.

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‘Pablo Escobar’ contrary to public policy and accepted principles of morality

The IPKat

There is no clear line between trade marks that are merely in poor taste (which is not a ground for refusal) and trade marks that are contrary to public policy or accepted principles of morality (prohibited from registration by virtue of Art. 7(1)(f) EUTMR ). The EU Intellectual Property Network recently published the CP14 Common Practice concerning this distinction.

Art 64
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Legal Lens on the Unified Patent Court | April 2024

JD Supra Law

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court newsletter is designed to keep patent holders and legal departments well-informed. And with an on-the-ground team in Germany, France, the United Kingdom and the United States, we offer a unique cross-border perspective.

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EUIPO BoA IP Case Law Conference Report #5 : “Copyright in flux: What does the future have in store?”

The IPKat

Check our reports from Day 1: #1 here , #2 here and #3 here #4 here Day 2 of IP Case Law Conference, “ Decoding Decisions: Insights from Selected Case-Law ” , organized by the Boards of Appeal of the European Union Intellectual Property Office (EUIPO) started with 2 Keynote addresses: Exploring new paradigms of intra-judicial connectivity in IP where Ms Eun-Joo Min (Director, WIPO Judicial Institute) reflected upon cross-border IP disputes and the significance of judicial exchange in “a mosaic o

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License to Build: The Importance of License Terms in Design Agreements

JD Supra Law

Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property development are well versed in contract law, safety regulations, insurance law, and the like. Yet the law that governs ownership and use of architectural works—principally, copyright law—often is not well known even among seasoned veterans of development and construction.

Designs 73
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Witnesses Tell Senate IP Subcommittee They Must Get NO FAKES Act Right

IP Watchdog

The U.S. Senate Judiciary Committee’s Subcommittee on Intellectual Property met today to hear from six witnesses about a recently-proposed bill to curb unauthorized uses via artificial intelligence (AI) of an individual’s voice and likeness. The “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2023” (NO FAKES Act) was introduced in October 2023 by Senator and Chair of the IP Subcommittee Chris Coons (D-DE) and Senators Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom T

IP 59
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Biosimilar Approval Updates in Europe and China

JD Supra Law

On April 25, 2024, the Committee for Medicinal Products for Human Use (“CHMP”) adopted a positive opinion, recommending the granting of marketing authorization for Biogen Netherlands B.V.’s biosimilar TOFIDENCE (tocilizumab), for the treatment of rheumatoid arthritis (RA), systemic juvenile idiopathic arthritis (sJIA), polyarticular juvenile idiopathic arthritis (pJIA) and coronavirus disease 2019 (COVID-19).

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Conn. Firm Settles Copyright Feuds Over Website Photos

IP Law 360

The Connecticut consumer law firm Lemberg Law LLC and its managing attorney have agreed to settle two suits tied to a multistate copyright battle with a stock photo provider that arose in 2020 after the firm was accused of using images on its website without permission, and then countered that it was the victim of an extortion attempt.

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Patent Poetry: Chinese Court Issues First Decision on AI Copyright Infringement

JD Supra Law

The Guangzhou Internet Court issued the first ruling involving the liability of generative artificial intelligence (GAI) companies for copyright infringement. China has three internet courts in Beijing, Hangzhou, and Guangzhou. These special courts have jurisdiction over online copyright infringement cases. Compared to regular courts, which typically take from six months to two years to resolve cases, the internet courts usually reach decisions within a few months.

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CAFC Affirms TTAB’s Refusal to Register Hair Products Mark Due to Opposer’s Prior Use

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential trademark decision affirming a Trademark Trial and Appeal Board (TTAB) ruling that sustained Framboise Holdings, Inc.’s opposition and refused registration of Jalmar Araujo’s mark #TODECACHO. Framboise alleged ownership of the pictured design mark (left) based on prior use of the mark in the United States in connection with hair products, including shampoo, conditioner, hair mask treatments, hair cream, curly ha

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Do Patent Claims to Methods of Treatment Cover In Vivo Transformations?

JD Supra Law

Where an alleged infringer administers a substance A to a subject, and the substance is subsequently transformed to a therapeutic agent X inside the subject’s body, does the administration of the substance A constitute an act of infringement of a patent claiming a method of treatment by administration of the therapeutic agent X?

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EUIPO BoA IP Case Law Conference Report #7 – “Quality through Coherence and Consistency: Reflections and Visions”

The IPKat

This Kat closes the reporting on the EUIPO’s 5th IP Case Law Conference, hosted in Alicante by the EUIPO Boards of Appeal (BoA). The last session of the conference dwelled upon soft law instruments at the disposal of intellectual property (IP) offices and courts to achieve high-quality decisions. EUIPO Boards of Appeal’s perspective Gordon Humphreys, interim president of the EUIPO BoA, opened the session with a presentation titled “Contributing to Trade Mark and Design Harmonization in the Europ

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Moderna Litigation Against BioNTech and Pfizer Stayed Pending IPR

JD Supra Law

We previously reported on the litigation brought by ModernaTX, Inc. and Moderna US, Inc. (collectively, “Moderna”) against BioNTech SE, BioNTech Manufacturing GmbH, BioNTech US Inc. (collectively, “BioNTech”), and Pfizer Inc. (“Pfizer”) related to Moderna’s mRNA technology and the subsequent inter partes review (IPR) petitions filed by BioNTech and Pfizer.

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Pharmacyclics Can't Score Fees After Imbruvica Patent Win

IP Law 360

Delaware's top federal judge on Tuesday told AbbVie's Pharmacyclics LLC unit that it was "also guilty of vexatious conduct" and had no standing to seek legal fees after it won a patent infringement suit against generic-drug rivals over its branded blockbuster cancer drug Imbruvica.

Patent 52
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Japan’s Strengthened Trade Secrets Law: A Gateway to Litigation and IP Protection

JD Supra Law

In Japan, a recent amendment to the trade secrets law has set the stage for a legal landscape that promises significant benefits for intellectual property (IP) owners. The amended law, which came into effect on December 25, 2023, introduces key changes aimed at bolstering the protection of trade secrets and empowering companies to assert their rights more effectively.

Law 68
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'Hatchet-Wielding' Killer Can't Join Netflix Suit, Judge Rules

IP Law 360

Convicted killer "Kai the Hatchet-Wielding Hitchhiker" can't get in on a defamation suit involving a Netflix documentary about the murderer's life, a Texas federal judge ruled Monday, saying that his claims don't have a sufficient basis to warrant intervention in the lawsuit.

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Top Five Recent Developments in Section 337 Litigation

JD Supra Law

2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337 litigation. Originally published in IP Litigator, March/April 2024, Volume 30, Number 2, pages 31–32. By: Wolf, Greenfield & Sacks, P.C.

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Tech. Orgs Deny Being 'Apple's Puppets' In Watch Ban Fight

IP Law 360

A group of technology industry groups claimed they are "not Apple's puppets" as they seek to back the company in its Federal Circuit appeal of the U.S. International Trade Commission's ban on imports of Apple Watch models capable of monitoring blood oxygen levels.

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Reintroduction of the Restoring America’s Leadership in Innovation Act

JD Supra Law

On April 26, 2024, the U.S. House of Representatives reintroduced the Restoring America’s Leadership in Innovation Act (the “Act”), which was previously introduced in November of 2021. The Act seeks to uphold the goals of the United States Patent System to, “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries,’’ as provided for in the Constitution of the United States.