Wed.Mar 06, 2024

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3 Count: X Marks the Spot

Plagiarism Today

Lawsuit against X/Twitter will move forward, North Carolina bar sued over karaoke night and trans Joker film to make its debut. The post 3 Count: X Marks the Spot appeared first on Plagiarism Today.

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A Pirate’s Story, it Turns Out, is Worth its Weight in Gold

JD Supra Law

When Blackbeard’s flagship, the Queen Anne’s Revenge, was discovered off the North Carolina coast in 1996 after a decade of searching, whatever treasure might have been with it when it found a watery grave in 1718 had been lost to the tides of time. But as any fan of Titanic lore will tell you, a sunken ship courses with an altogether different booty: the tales that can be told about it.

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Plagiarism in Pop Culture: Ferris Bueller

Plagiarism Today

Ferris Bueller, the sitcom, not the film (sadly), featured a plagiarism story in its final episode. How realistic was the it? Not very. The post Plagiarism in Pop Culture: Ferris Bueller appeared first on Plagiarism Today.

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Disney Copyright Expiration Spurs Trademark Questions

IP Law 360

While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.

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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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Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog

Technology & Marketing Law Blog

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). He sued a print-on-demand service (Sunfrog) over alleged IP violations of his illustrations. If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

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CBP Details Apple Watch Redesign OK In Masimo Patent Row

IP Law 360

U.S. Customs and Border Protection has released its January decision finding that redesigned Apple Watches do not infringe Masimo Corp.'s blood oxygen monitor patents, explaining that while the new versions can access the patented feature, doing so requires "significant alteration.

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More Trending

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Whoa! Cannabis Company Lawsuit Lights Up the Benefits of Creative IP Protection

JD Supra Law

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and services may provide an opportunity for cannabis companies to protect the substantial investments made in their brands and offerings. A recent case in California, The Holding Company LLC v.

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BuffStreams OK’d For Blocking in Germany But Unlikely to Lose Any Sleep

TorrentFreak

How can we be sure that site-blocking really works? Because if it didn’t work, I was informed recently, rightsholders wouldn’t keep filing new site-blocking requests at a record-breaking pace, and then return for even more soon after. While it’s true that demand for site-blocking measures has never been greater, the sarcastic response above alludes to something that doesn’t really work, or at least doesn’t remain effective for very long.

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Changes in the global patent litigation landscape: The impact of the UPC

JD Supra Law

The global patent landscape shifted very significantly in June last year, with the opening of the long-awaited European Unified Patent Court (the UPC). This single, one-stop judicial framework provides, for the first time, a means to enforce patents across many European states, with the Court having a significance to rival that of other major global patent jurisdictions – for example, the UPC covers a market that is roughly comparable to that of the United States.

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Film Funder Fights 'Severe' Sanction Bid in Malpractice Suit

IP Law 360

A media investor accusing a now-defunct Chicago law firm of negligently helping him secure intellectual property rights to develop a television show has argued that an Illinois state court should reject the firm's request for sanctions and dismissal over alleged discovery violations, arguing that the firm is ignoring its own discovery failures in the case.

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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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Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union

JD Supra Law

On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the National Labor Relations Board (NLRB), setting up a legal challenge that will have significant implications for the status of college athletes and the future of college sports in the United States.

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No Contradiction ? No Indefiniteness

Patently-O

by Dennis Crouch The Federal Circuit recently issued a decision in Maxell, Ltd. v. Amperex Technology Limited , No. 2023-1194 (Fed. Cir. Mar. 6, 2024) , reversing Judge Alan Albright’s finding that certain claims of Maxell’s patent covering rechargeable lithium-ion battery indefinite under 35 U.S.C. § 112, ¶ 2 (112(b)). U.S. Patent No. 9,077,035.

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OpenAI's Motion to Dismiss NY Times Lawsuit over ChatGPT: Do They Want to Win or Influence Public Opinion?

JD Supra Law

In response to the lawsuit the New York Times has filed against it, OpenAI has sought to dismiss portions of the complaint. But instead of filing a traditional motion to dismiss that argues that the allegations of the complaint are insufficient to support legal liability, OpenAI went on the offensive.

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Interested in exploring AI in fashion? New Fashion Law London event on 13 May (with 15% discount for IPKat readers)

The IPKat

Attendees ready to discuss all things fashion and AI Artificial Intelligence (AI) has been disrupting all industries and professional sectors. Fashion is no exception. Fashion Law London is delighted to host an event fully devoted to exploring the impact, challenges, and potential of AI for the fashion industry from a commercial, legal, and policy standpoint.

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Spotlight on the U.S.: Panelists discuss navigating the IRA

JD Supra Law

Hogan Lovells is hosting a special webinar series for Life Sciences and Health Care companies based in, or with commercial interests in, the Asia-Pacific (APAC) region. The series shares topical insights, cost-effective strategies, and risk management guidance for Life Sciences companies involved in, or considering undertaking, cross-border projects and activities in the region.

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The USPTO Speaks on Obviousness – Do Patent Practitioners Have an Answer?

IP Tech Blog

The United States Patent and Trademark Office (USPTO) recently published updated guidance emphasizing a very flexible approach to determining obviousness under 35 U.S.C. § 103, consistent with the U.S. Supreme Court’s opinion in KSR v. Teleflex. The guidelines are written for USPTO personnel but combined with the Manual of Patent Examining Procedure (MPEP), they provide guidance to practitioners.

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Closing the Gap: Medical Device Innovation, Frontline Healthcare Workers, and the Role of AI

JD Supra Law

The recent, rapid advancement of the development of artificial intelligence and machine learning (AI) has revolutionized various industries. It is unsurprising then, that at this year’s South by Southwest Conference (SXSW), there are more AI related panels than any other subject — by far.

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TTABlog Test: Which of These Three Section 2(d) Oppositions Was/Were Dismissed?

The TTABlog

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) case about 95 percent of the time just by looking at the marks and the involved goods and/or services. Here are three Section 2(d) oppositions recently decided by the TTAB. At least one of the oppositions was dismissed. How do you think these three came out? [Answers in first comment.

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Are Customer/Client Lists Protectable Trade Secrets?

JD Supra Law

Are customer/client lists protectable trade secrets in Arkansas? It depends. Answering this question involves looking closely at the facts and circumstances of each situation. There is some case law examining the legal treatment of customer/client lists, and we will expand this answer below to draw from that case law. However, first a cautionary note.

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CAFC: PHOSITA Can Bridge Gaps with Reasonable Success Under Result-Effective Variable Doctrine

IP Watchdog

On March 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Pfizer Inc. v. Sanofi Pasteur Inc. affirming lower rulings by the Patent Trial and Appeal Board (PTAB) that invalidated Pfizer’s patent claims and denied motions to amend (MTA). Although the Federal Circuit vacated the PTAB’s MTA denials with respect to two patent claims, the ruling adds new contours to the appellate court’s case law on obviousness in ways that could affect companies that are p

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Shifting Strategies in U.S. Intellectual Property Disputes: Lessons from 2023

JD Supra Law

For Taiwanese corporates developing critical technologies in the face of shifting global supply chains, the need to protect intellectual property assets has never been more pressing. The biggest IP-related drag on company operations remains the prospect of costly, high-stakes litigation in the U.S., where recent significant drops in patent case filings will be notable.

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Jim Pooley Becomes Latest IPWatchdog Masters Hall of Famer During AI Program

IP Watchdog

IPWatchdog’s Artificial Intelligence Masters™ wrapped up today with panels exploring how to get AI patents past Sections 101 and 112 at the U.S. Patent and Trademark Office (USPTO) and, ultimately, granted, as well as Ethics and AI. But yesterday’s day-long program also included an award for the latest IPWatchdog Masters™ Hall of Famer, James Pooley, who IPWatchdog CEO and founder Gene Quinn called “the leading expert on trade secrets in the world.

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Patent Case Summaries | Week Ending March 1, 2024

JD Supra Law

Freshub, Inc., et al. v. Amazon.com, Inc., et al., Nos. 2022-1391, -1425 (Fed. Cir. (W.D. Tex.) Feb. 26, 2024). Opinion by Taranto, joined by Reyna and Chen. Freshub sued Amazon for infringement of a patent on voice-processing technology. Amazon denied infringement, challenged the patent’s validity, and asserted that the patent should be declared unenforceable based on inequitable conduct.

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Two hospitals can both be best, and use purple ads (for now at least)

43(B)log

NYU Langone Health Sys. v. Northwell Health, Inc., 2024 WL 898941, No. 23-CV-5032 (VEC) (S.D.N.Y. Mar. 1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The core allegation is that Northwell copied its advertising to trade off the good will and reputation of NYU Langone.

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A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement

SpicyIP

On 26 February 2024, the Delhi High Court (DHC) in Western Digital Technologies Inc & Anr vs Geonix International Private Limited , granted an ex-parte ad interim injunction to the plaintiff on the basis of trademark infringement and reverse passing off. In the extant suit, the plaintiff, Western Digital Technologies Inc. (WD), a well-known manufacturer of storage devices, claimed that the defendant, Geonix International Private Limited, was refurbishing and rebranding “WD” hard

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Second Circuit affirms holding that asterisk/fine print sufficiently clarifies ambiguous claim

43(B)log

Montgomery v. Stanley Black & Decker, Inc., 2024 WL 939151, No. 23-735-cv (2d Cir. Mar. 5, 2024) Plaintiffs sued defendant (Craftsman) for deceptive business practice claims under both the New York General Business Law (NYGBL), and the Virginia Consumer Protection Act (VCPA), as well as asserting warranty and common law claims. They alleged that the “Peak HP” labeling on the packaging of Craftsman vacuums is misleading because the vacuums are unable to achieve the advertised horsepower.

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PTAB Turns Off Dali Antenna Patent In 2 Texas Cases

IP Law 360

A pair of rulings from an administrative board has gutted the language in a patent covering antenna technology that had been at issue in a web of dismissed lawsuits in Texas.

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Never Too Late: If you missed the IPKat last week!

The IPKat

If you've been so busy this week that you're having kittens , here's the summary of the IP news you missed: Trade Marks and GIs Having kittens. Image from kieutruongphoto via Pixabay. Anastasiia Kyrylenko informed readers that the European Parliament adopted the new Regulation on geographical indications (GIs) for wines, spirit drinks and agricultural products.

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Finish in Eight Months: The EPO Sets Timeline for New Accelerated Opposition Practice

JD Supra Law

The European Patent Office ("EPO") has committed to specific timelines for its new practice of accelerating opposition proceedings.

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The Art of China’s Li Brocade: Weaving Tradition and Innovation

WIPO Magazine

The Li people of Hainan Island in the People’s Republic of China are known for their beautiful brocade art, which reflects their rich history and cultural traditions. Having mastered traditional techniques, the Li People are continue to pass on their knowledge to future generations, keeping brocade art alive with innovative contemporary designs.

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Biocon Settles with Bayer and Regeneron, Securing Canada Market Entry Date for Aflibercept Biosimilar

LexBlog IP

On March 4, Biocon Biologics Ltd. announced it has signed a settlement agreement with Bayer Inc. and Regeneron Pharmaceuticals, Inc. regarding YESAFILI, Biocon’s proposed biosimilar to EYLEA (aflibercept). The settlement resolves multiple patent infringement proceedings in the Federal Court of Canada. Under the agreement, Biocon can launch YESAFILI in Canada no later than July 1, 2025.

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Closing the Gender Gap in Patents Across Latin America

WIPO Magazine

The Global Intellectual Property Alliance is tackling the prevalent gender gap within the IP sector. Women inventors still account for less than a quarter of patent applications. So, in a busy first year, GLIPA teamed up with the Mexican think tank CAIINNO to better understand the gender IP gap in Brazil, Chile, Colombia and Mexico.

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Top Calif. Antitrust Atty Says Criminal Cases On The Horizon

IP Law 360

California is poised to start prosecuting criminal antitrust cases under a Golden State law that is "broader" than federal law, a senior assistant attorney general for the California Department of Justice said Wednesday at a San Francisco conference.

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Are Your Publicity Rights Protected for the AI Surge?

LexBlog IP

Imagine waking up to find a video circulating online that features someone who looks and sounds exactly like you, saying things you’d never say. Your reputation might plummet if this doppelganger said some unsavory things, and you may lose friends and possibly even employment. This scenario is no longer just a distant nightmare of the imagination but a real possibility with the advent of AI technology.

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Ex-Google Software Engineer Stole AI Secrets, Feds Say

IP Law 360

A former Google software engineer was arrested Wednesday on accusations he illegally downloaded alleged trade secrets involving machine learning and taking them to startups he was involved with in China, according to the U.S. Department of Justice.

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