Wed.Apr 02, 2025

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Training AI Using ‘Pirated’ Content Can Be Fair Use, Law Professors Argue

TorrentFreak

In the race to build the most capable LLMs, several tech companies have sourced copyrighted content for use as training data, without obtaining permission from content owners. Many of those companies are now being sued for alleged copyright infringement. The list includes Meta, which faces a class action lawsuit filed by authors Richard Kadrey, Sarah Silverman, and Christopher Golden, among others.

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Senate Judiciary Committee to Consider Bills Targeting Pharma Patents and Pricing

IP Watchdog

On Thursday morning, the full U.S. Senate Judiciary Committee will convene an executive business meeting to consider several pieces of proposed legislation aimed largely at regulating patent-related activities in the pharmaceutical sector. Although one proposed bill would call for a study into the role of intermediaries in the pharmaceutical supply chain, the remaining drafts are meant to address perceived issues related to drug patents, many of which have been made more menacing by data reports

Patent 95
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Advertising Banned on All Sites Blocked in Russia Starting September

TorrentFreak

If people insist that most things on the internet must remain ‘free’, the mechanisms that allow that to happen must continue too. Invariably that means more advertising alongside diminishing privacy, at least for those lucky enough to still have any left. Yet life could still be a lot worse, oddly enough by restrictions on advertising designed to hurt certain platforms while ensuring people are unable to profit from them.

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How Long Does a Plagiarism Retraction Take?

Plagiarism Today

A recent study shows us how long retracted plagiarized works remained unretracted and what types of plagiarism take the longest. The post How Long Does a Plagiarism Retraction Take? 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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Key Considerations for Foreign Clinical Trials When Looking Abroad for Product Development

JD Supra Law

With the continuing cuts to US Food and Drug Administration (FDA) staffing, the pharmaceutical and biotechnology industries are communicating increasing concern about potential product development impacts. While these cuts and their subsequent effects may be leading some companies to consider developing drugs abroad, such ex-US development can come with risks, necessitating upfront planning and compliance controls.

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Workshop on Access to Medicines, TRIPS, and Patents in the Developing World [Kochi, May 30 to June 3, 2025]

SpicyIP

Third World Network (TWN) and the Inter-University Centre for IPR Studies, Cochin University of Science and Technology (CUSAT) are organising a five-day workshop on “Access to Medicines, TRIPS, and Patents in the Developing World” from May 30 to June 3, 2025, in Kochi, Kerala. The last date for submitting your applications is April 6. For more details, please read the call for applications below- Workshop on Access to Medicines, TRIPS, and Patents in the Developing World [Kochi, May

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3 Count: April Fool

Plagiarism Today

UK retailers battle over furniture designs, MAD Square faces piracy issues in India and Namewee accused of infringement in April Fools' joke. The post 3 Count: April Fool appeared first on Plagiarism Today.

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The UPC and EPO Divide: Understanding Conflicting Revocation Proceeding Outcomes

JD Supra Law

With nearly 800 cases adjudicated or pending thus far at the Unified Patent Court (UPC), a possible procedural gap has appeared in the European patent system: no clear legal mechanism currently exists to resolve conflicting outcomes between opposition proceedings before the European Patent Office (EPO) and revocation actions adjudicated by the UPC. Unlike certain national patent court systems, such as Germany, where courts can stay infringement or revocation proceedings pending the outcome of an

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Enrich, Enhance, Engage: Student Engagement Predicts Academic Growth

Velocity of Content

A students reading ability is one of the best predictors of success after high school and in life. As an educator, having taught elementary school (grades 1-6) and high school English, knowing this fact both motivated me and frightened me when students struggled with their readings. Sometimes, I would share this fact with my studentsespecially my reluctant readersto encourage them to read more.

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Indirect patent infringement before the UPC: limits that manufacturers must observe in advertising and product instructions

JD Supra Law

Ortovox Sportartikel GmbH v. Mammut Sports Group AG/GmbH (UPC_CFI_16/2024), Dsseldorf Local Division (January 14, 2025) ORD_63219/2024. Anyone developing or marketing an innovative product will want to ensure that they do not infringe existing intellectual property rights. This includes avoiding indirect patent infringement by providing specific instructions or the technical possibility of using a patented function.

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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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is selling stolen goods trademark infringement?

43(B)log

Tentantable.com, LLC v. Aljibouri, 2025 WL 959656, No. 22-CV-78-LJV (W.D.N.Y. Mar. 31, 2025) Not sure Ive seen this before! Is selling stolen goods trademark infringement? No, this court says, and that has to be right. Plaintiffs sell various inflatable products such as bounce houses[,] water slides, and.air blowers used to inflate such products, as well as party tents, pole tents, [and] banquet tents with associated tables and chairs.

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Patent Case Summaries | Week Ending March 28, 2025

JD Supra Law

Wash World Inc. v. Belanger Inc., No. 2023-1841 (Fed. Cir. (E.D. Wis.) Mar. 24, 2025). Opinion by Stark, joined by Lourie and Prost. Belanger sued Wash World for infringement of a patent related to a spray type car wash system. The jury returned a verdict finding that Wash Worlds Razor EDGE car wash system infringed certain claims of Belangers patent and awarding Belanger $9.8 million in lost profits damages.

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Alalääkkölä v Palmer: New Zealand Supreme Court confirms copyright is relationship property

Kluwer Copyright Blog

Image by Martina Bulkov from Pixabay In March 2025 the New Zealand Supreme Court confirmed that copyright is relationship property, to be divided accordingly when a qualifying relationship ends. This decision has significant implications for copyright practice in New Zealand, and jurisdictions with similar regulatory frameworks for IP and family property (like the United Kingdom ).

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PTAB: Initial Fallout from the New Director Guidance on Discretionary Denial of Institution

JD Supra Law

Last week, my partner Justin Krieger published an alert regarding Acting Director Stewart's new guidance on discretionary denial. Shortly thereafter, Acting Director Stewart issued a decision vacating institution of several previously-instituted IPR's. Motorola Solutions, Inc. v. Stellar, LLC., IPR2024-01205, -01206, -01207, -01208. As Justin suggested, the guidance will likely lead to more discretionary denials, and that result was confirmed by this decision.

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Podcast: Breaking Down the Dollars. The Real Value of General Damages in Civil Litigation

Nelligan Law

Reading Time: 2 minutes Imagine finding yourself in the intricate world of civil litigation, where stakes are high, stories are gripping, and outcomes have a huge impact. Rather than learning through a textbook, you listen to candid, engaging conversations from two seasoned lawyers who passionately practice law. Welcome to Civil Banter , the new podcast by Hamish Mills-McEwan and Stanford Cummings from Nelligan Law, a deep dive into the realm of civil law mixed with a healthy dose of real-life a

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Challenging the Server Test for Image Embedding

Patently-O

by Dennis Crouch McGucken v. Valnet, Inc., No. 24-1040 (Supreme Court 2025) Photographer Elliot McGucken has petitioned the Supreme Court to review a Ninth Circuit decision involving what has become known as the "Server Test" in copyright -- law has permitted websites to avoid copyright infringement by embedding images hosted on third-party servers rather than storing and hosting them directly.

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How DeepSeek Could Revolutionize Patent Discovery — But at What Cost?

IP.com

The evolution of artificial intelligence (AI) continues to reshape industries, and patent discovery is no exception. Among the emerging AI-driven platforms, DeepSeek is gaining attention for its ability to streamline complex search processes and improve competitive intelligence. While DeepSeek boasts powerful AI-driven search capabilities, its limitations are impossible to ignore.

Patent 52
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209 Trademark Registrations Issued to Indiana Entities in March 2025

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 209 trademark registrations to persons and businesses in Indiana in March 2025 based on applications filed by Indiana trademark attorneys: Registration Number Wordmark 7741242 MAGLOK 7719269 INDIANA HEMOPHILIA & THROMBOSIS CENTER 7719268 INDIANA HEMOPHILIA & THROMBOSIS CENTER 7735806 HOP ON OVER 7727729 POWERS HEALTH 7721063 INDIANA FOR THE BOLD 7721064 INDIANA FOR THE BOLD 7714252 INDIANA FOR THE BOLD 7731233 PATRIOT EXCAVATING 7715178 RIDG

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The Unified Patent Court asserts its jurisdiction to determine damages following national court infringement ruling

JD Supra Law

In a landmark decision Fives ECL, SAS v. REEL GmbH on January 16, 2025, the Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the jurisdictional boundaries of the UPC. This decision has far-reaching implications because it asserts the UPCs jurisdiction to determine damages following a national courts finding of patent infringement.

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5 Fed. Circ. Clashes To Watch This Month

IP Law 360

The Federal Circuit will hear arguments this month in patent cases involving Moderna's COVID-19 vaccine and a blockbuster Johnson & Johnson schizophrenia drug, and the court will itself be the subject of a case at another appeals court as Judge Pauline Newman seeks to end her suspension.

Patent 52
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M&A Considerations Across the Evolving Life Sciences Sector: Key Takeaways

JD Supra Law

In the latest installment of the Morgan Lewis M&A Academy, partners Laurie Burlingame and Luciana Griebel provided an overview of current market trends in mergers and acquisitions (M&A) and strategic partnerships within the life sciences sector. While a few multi-billion-dollar deals stood out in 2024, the pace of large life sciences transactions slowed considerably.

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'Beer Law' Firm Says Confusion Is Brewing Over Rival's Name

IP Law 360

A North Carolina law firm, one of whose managing partners focuses on advising businesses in the beer, wine and craft beverage industries under the name "Beer Law Center," on Wednesday accused a Colorado law firm of coasting off its reputation by offering services under the confusingly similar "Beer Law HQ.

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District Court: Common Interest May Protect Communications with Third Parties from Discovery, but Not Always

JD Supra Law

The District of Delaware recently denied in part a motion to compel production of documents and testimony between a patentee and potential investors, valuation firms and an international bank based on the common interest exception. In so doing, the court reaffirmed that disclosure of privileged information to third parties will.

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Cherry Growers Lose Bid To Trim Canada's IP Suit

IP Law 360

A Washington federal judge on Wednesday refused to throw out certain federal and state law claims the Canadian government made against a group of cherry growers in an intellectual property lawsuit over the Staccato cherry variety.

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Uncertainty Means AI Training Can Continue

JD Supra Law

Over 30 lawsuits challenging the training of Generative AI on copyrighted materials are pending, most in federal courts across the country.The copyrighted materials range from news stories to photographs to music.The law is unsettled whether such training violates copyright law.

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Nielsen Sues Rival Over Out-Of-Home Viewing Data Patent

IP Law 360

The Nielsen Co. sued its competitor VideoAmp in Delaware federal court Wednesday for allegedly infringing its patent that covers an invention to gauge audience viewership for programming that's viewed outside the home, like at a bar or a restaurant, through the use of geolocation from a viewer's mobile device.

Patent 52
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Intellectual Property Report April 2025

JD Supra Law

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants reliance on comparable licenses as a means for calculating a reasonable royalty. With EcoFactor, Inc. v. Google LLC pending before the Federal Circuit, the court's full stance on this issue remains to be seen. By: Baker Botts L.L.P.

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Samsung Gets PTAB To Eye Wireless Patent Despite Trial

IP Law 360

Samsung has persuaded the majority of a patent board panel to investigate the validity of a wireless tech patent issued to Airgo Networks co-founder Greg Raleigh, even though Raleigh's company is scheduled to assert the patent at trial in federal court in Marshall, Texas, about six months before the board will reach its decision.

Patent 52
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Significant Federal Circuit Decision Redefines Prior Art Requirements

JD Supra Law

Last week a remarkably interesting Federal Circuit case was decided concerning whether an asserted reference was properly shown to qualify as prior art in the rejection of a pending patent application. The pending application was allegedly anticipated under pre-AIA, 35 U.S.C. 102(e) and obvious under 35 U.S.C. 103.

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Nokia Sues Acer, Asus, Hisense For Patent Infringement

IP Law 360

Nokia is suing Acer, Asus and Hisense for patent infringement in Europe, kicking off a fresh round of litigation over its video coding tech on the back of its license agreement with Amazon.

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Trademark Registration Misconceptions: What Brand Owners Should Know

JD Supra Law

Many business owners view trademark registration as a smart investmentand theyre right. A federal registration gives you valuable legal advantages, including nationwide priority, a presumption of ownership, and stronger tools to protect your brand. But registering a trademark doesnt give you absolute control.

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An Update On IPR Issue Preclusion In District Court Litigation

IP Law 360

Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

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DC Circuit Weighs in On Human Authorship

JD Supra Law

The DC Circuit has reaffirmed and reinforced longstanding Copyright Office policy that only humans can be authors.

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Garmin Beats Fitness Tracker Patent Suit, For Now

IP Law 360

A Michigan federal judge has tossed, for now, a suit accusing Garmin International Inc. of infringing a CardiacSense Ltd. fitness tracker patent after finding the claims aren't eligible for patent protection, but the judge left room for an amended complaint to be filed.

Patent 52
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Trademark Owners May Play Only Zone Defense at the TTAB

JD Supra Law

In a precedential decision invoking the zone of natural expansion doctrine, on March 19, 2025, the Federal Circuit upheld a decision by the U.S. Trademark Trial and Appeal Board (TTAB) cancelling in part registrations for MONEY MART for pawn brokerage and pawn shop services despite the registrants first use of the mark for potentially related services.