Mon.Jan 22, 2024

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Harvard Releases Details of Claudine Gay Investigation

Plagiarism Today

Harvard has published details of its investigation of former president Claudine Gay. Here's what the school did and the one misstep it made. The post Harvard Releases Details of Claudine Gay Investigation appeared first on Plagiarism Today.

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The Importance of Reasonable Particularity in a Doctrine of Equivalents Argument

Intellectual Property Law Blog

In VLSI Technology LLC v. Intel Corporation , No. 22-1906 (Fed. Cir. 2023) , VLSI sued Intel for infringement of U.S. Patent Nos. 7,523,373 (the “’373 patent”) and U.S. Patent No. 7,725,759 (the “’759 patent”). After a jury trial in 2021, VLSI was awarded $1.5 billion for literal infringement of the ’373 patent and an additional $675 million for infringement of the ’759 patent under the doctrine of equivalents.

Licensing 147
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3 Count: Late Christmas

Plagiarism Today

Mariah Carey responds to "All I Want for Christmas is You" lawsuit, manipulated tracks plague streaming platforms and more. The post 3 Count: Late Christmas appeared first on Plagiarism Today.

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Identifying Protocols by Name May Disclose Sufficient Structure for Computer-Implemented Means-Plus-Function Limitations

Intellectual Property Law Blog

In Sisvel International S.A. v. Sierra Wireless, Inc. et al. , Nos. 22-1493, 22-1547 (Fed. Cir. 2023) , Sierra Wireless challenged claims 1-10 of Sisvel’s U.S. Patent No. 6,529,561 (“the ’561 patent”) in an inter partes review. The Patent Trial and Appeal Board’s final written decision found claims 1-3 and 9 unpatentable, but upheld the patentability of claims 4-8 and 10.

Art 147
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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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Artificial Intelligence Law - Intellectual Property Protection for your voice?

JD Supra Law

With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of publicity refers to an individual's right to control and profit from their own name, image, likeness, or voice.

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Supreme Court Skips Case on Individual Liability for Willful Trademark Infringement

IP Watchdog

The U.S. Supreme Court today denied certiorari to Diamond J Wholesale, LLC, who petitioned the Court in December 2023 to clarify how individual liability for willful trademark infringement by a corporation should be assessed. The U.S. Court of Appeals for the Eleventh Circuit in August 2023 backed a Georgia district court’s finding that Diamond and its owner, Raj Solomon, willfully infringed trademarks owned by Top Tobacco, L.P., Republic Technologies (NA), LLC, and Republic Tobacco, L.P.

Trademark 111

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Warner Bros. Wants Tumblr to Identify Beetlejuice 2 ‘Leaker’

TorrentFreak

In 1988, then 29-year-old movie director Tim Burton was widely praised for the iconic comedy horror “Beetlejuice” The movie went on to win an Oscar and Burton’s career was well underway, with “Batman” and “Edward Scissorhands” his next movie projects. More than 35 years after the Beetlejuice debut, a sequel is about to be released.

Copying 113
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2023 Emoji Law Year-in-Review

Technology & Marketing Law Blog

I continue to maintain my census of U.S. cases referencing emojis or emoticons. In 2023, I logged 225 such cases (this number will grow a bit due to lags with the electronic databases). The case count continues to grow exponentially. The 2023 count represented a 17% increase over the 2022 count. 2023 marked a significant milestone: my census now counts over 1,000 total U.S. cases referencing emojis and emoticons (the exact number is 1,017).

Law 111
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Gen Z Loves Libraries

Velocity of Content

Gen Z and Millennials: How They Use Libraries and Identify Through Media Use details where and how American young people read books and consume other media. Based on a survey of more than 2,000 respondents, the report from the American Library Association identifies libraries as critical cultural spaces for individuals and for communities. It also finds these public spaces could offer publishers a welcome sanctuary during digital disruption.

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VLSI Says Intel License Trial Would Be A Waste

IP Law 360

VLSI Technology told a California federal judge Friday that Intel can't force a trial on an affirmative defense after the underlying allegation is taken out of the picture, with Intel replying Monday that VLSI's position advocates for a "cramped view" of the court's jurisdiction.

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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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ACE Shuts Down Huge Football Piracy Ring, Total Destruction TBC

TorrentFreak

Despite MPA/ACE having enough investigators to field both teams in a football match, while players argue with an in-house referee in multiple languages, the state of piracy in North Africa and the Middle East presents a considerable challenge. At the time of writing, over 150 deliberately confusing domains and subdomains, linked to around three dozen illicit football streaming sites, are redirecting to the ACE anti-piracy portal.

Ownership 102
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Fish & Richardson Adds Ex-Patent Judge To Firm

IP Law 360

Kristi Sawert is joining Fish & Richardson PC's post-grant group as a principal after spending over 15 years as a judge and associate solicitor at the Patent Trial and Appeal Board, the firm said Monday.

Patent 92
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[Video] Impact of Mickey Mouse on public domain. The latest artificial intelligience and intelluctual property cases - Thaler lost again. Nirvana Nevermind baby gets day in court. Tolkien estate and more.

JD Supra Law

Music lawyer Tamera Bennett and TV lawyer Gordon Firemark discuss: The impact of Mickey Mouse (or some versions) going public domain on January 1, 2024. The latest artificial intelligence news from the UK High Court on patents and Thaler loses again in Thaler v Comptroller [2023] UKSC 49; the New York Times sues OpenAI in The New York Times Co. v. Microsoft Corp., et al No. 1:23-cv-11195 (S.D.N.Y. filed Dec. 27, 2023); and the No AI Fraud ACT bill is introduced in the House.

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J. Michael Keyes: "TTAB Goes "Bamm-Bamm" To Fruity Pebbles' Consumer Surveys"

The TTABlog

Mike Keyes , a consumer survey expert and IP litigator at Dorsey & Whitney LLP, has given me permission to post this recent article from his newsletter, "Lanham Act Surveys for Lawyers" (subscribe here ). TTAB Goes "Bamm-Bamm" To Fruity Pebbles' Consumer Surveys Post Foods' application to register its "Fruity Pebbles" color trademark recently got reduced to a bit of rubble.

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Year in Review: Top Legal Developments of 2023

JD Supra Law

​​​​​​​As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. The following is a recap of some of the top five legal decisions and developments in the biosimilars and biologics space in 2023 that we covered on the Big Molecule Watch.

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Chinese Co. Can't Avoid Contempt In Philips X-Ray IP Suit

IP Law 360

A Chinese company that "abandoned" litigation in an X-ray tube trade secrets case after receiving civil contempt sanctions, a default judgment and other adverse orders cannot now try to escape those orders, an Illinois federal judge ruled.

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Patent Poetry: Metropolitans versus Kraken in Hockey Jersey Logo Dispute

JD Supra Law

Seattle Metropolitans Hockey LLC has filed suit against Seattle Hockey Partners LLC alleging causes of action related to trademark infringement involving the Seattle Metropolitans “S” logo, shown above.

Patent 68
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Lessons From Country Singer's Personal Service Saga

IP Law 360

Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the suit should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

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AI News Roundup – ChatGPT Store, International Monetary Fund Report and more

JD Supra Law

There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. OpenAI has responded to the New York Times’ detailed allegations of copyright infringement by stating that the Times may have tricked its models into reproducing nearly verbatim protected content.

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Ex-DHS Official Wants Probation For Software Theft Case

IP Law 360

A former senior official with the U.S. Department of Homeland Security's watchdog asked a D.C. federal judge to spare him prison time for stealing proprietary software he helped design for the government, saying he never profited from the theft.

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Here We Go Again: Insights from the 11th Congressional Hearing on NIL

JD Supra Law

On Thursday, January 18, 2024, the House Subcommittee on Innovation, Data, and Commerce held a hearing on collegiate name, image, and likeness (NIL). The witness list included NCAA President Charlie Baker, UCLA football player Chase Griffin, Commissioner of the Missouri Valley Conference Jeff Jackson, Arizona State University professor Victoria Jackson, Radford University volleyball player Meredith Page, and University of Michigan softball player Kaitlin “Keke” Tholl.

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CJEU: Damage claim for unlawful provisional measures may be based on strict liability

The IPKat

When a provisional measure against an alleged IP infringement is lifted, the defendant must, in principle, be able to claim compensation for losses suffered as a consequence of the provisional measure. The foundation for such a claim in the EU is Art. 9(7) of Directive 2004/48 /EC (‘Enforcement Directive’), which provides: Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringeme

Art 67
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Middle District of North Carolina Grants Preliminary Injunction in Natera, Inc. v. NeoGenomics Laboratories, Inc.

JD Supra Law

(December 27, 2023) Natera Inc. succeeded in obtaining a preliminary injunction against NeoGenomics Laboratories, Inc.’s medical assay test. Natera’s ongoing federal lawsuit alleges that NeoGenomics’ product “RaDaR,” a tumor informed molecular residual disease (“MRD”) assay, infringes two of Natera’s patents, U.S. Patent No. 11,519,035, entitled “Methods for Simultaneous Amplification of Target Loci,” and U.S.

Patent 66
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SCOTUS Grants Solicitor General’s Bid to Argue in Case About Retrospective Relief Under Copyright Act

IP Watchdog

The U.S. Supreme Court today granted a request by the U.S. Solicitor General to participate in oral argument as an amicus in Warner Chappell Music v. Nealy, which challenges a circuit court ruling that, under the discovery accrual rule, monetary damages for infringement under the Copyright Act are available for acts occurring outside of the Copyright Act’s three-year statute of limitations.

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PTAB Issues Final Written Decisions Finding Claims of Aflibercept-related Patents Invalid

JD Supra Law

On January 9, 2024, the PTAB issued final written decisions in IPR2022-01225 and IPR2022-01226, filed by Mylan on two Regeneron patents directed to dosing of aflibercept — U.S. Patent Nos. 10,130,681 and 10,888,601. The PTAB ruled that all challenged claims of the ’681 patent (claims 1, 3-11, 13, 14, 16-24, and 26) and the ’601 patent (claims 1-9, 34-39. 41-43, and 45) are invalid as anticipated by the same prior art reference.

Patent 66
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AI Art Registration Denied – The Copyright Review Board Tells Applicant To Gogh Home

IP Tech Blog

Last Fall in this space , we discussed the U.S. Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork.

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6 Key Takeaways - Recent Developments in United States Trademark and Unfair Competition Law

JD Supra Law

Kilpatrick partner Ted Davis spoke recently at the New York State Bar Association IP Section Annual Meeting on recent developments in United States trademark and unfair competition law. The following are highlights from the trailing 12 months.

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SpicyIP Weekly Review (January 15- January 21)

SpicyIP

Here is a brief recap of IP developments from last week. Do read our summaries of the post on the history of IP teaching in India, some pressing questions arising out of a recent patent prosecution proceeding, and Bombay High Court’s interpretation of Section 60, Copyright Act. Highlights of the Week IP Scholarship, Citations, and Knowledge Governance: Some Insights from the History of IP Teaching in India Image from here Why do we cite who we cite?

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Living with Cellect – Three Best Practices

JD Supra Law

On Friday, January 19, 2024, the Court of Appeals for the Federal Circuit issued an Order refusing to rehear In re Cellect, LLC en banc. This likely means that the holding in In re Cellect will represent the law regarding patent term adjustment (PTA) as it applies to obviousness-type double patenting (ODP) for the foreseeable future. Thus, I present here three actionable practices that could be undertaken moving forward to attempt to avoid the unfortunate result rendered upon Cellect.

Patent 63
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Ex-Greenberg Traurig IP Pro Joins McCarter & English

IP Law 360

A former Greenberg Traurig LLP attorney has made the move to McCarter & English LLP, building out its presence of intellectual property attorneys in Washington, D.C., the firm announced Monday.

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Enablement Post-Amgen and New USPTO Guidelines

JD Supra Law

On January 10, 2024, the United States Patent and Trademark Office (USPTO) published Guidelines, applicable to any technology, for ascertaining compliance with the enablement requirement in view of the U.S. Supreme Court decision in Amgen v. Sanofi (“Amgen”).

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Choice Hotels Asks Albright To Cut Comms Patents, Citing Alice

IP Law 360

Choice Hotels International Inc. is asking Texas federal judge Alan D. Albright to dismiss a lawsuit against it over communications patents it claims are invalid, backing its reasoning with the Supreme Court's Alice decision.

Patent 52
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Court Rules that Patient List and Related Medical Practice Information Qualify as Trade Secrets

JD Supra Law

The 2016 enactment of the Defend Trade Secrets Act (“DTSA”) has led to an increase in trade secret litigation. The DTSA codified into federal law the right of an owner of a trade secret to sue in federal court when its trade secret had been misappropriated. Prior to the DTSA, with the absence of diversity jurisdiction, aggrieved trade secret owners had to pursue legal remedies under state law, typically under the Uniform Trade Secret Act (“UTSA”), which has been enacted by 47 states.

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Boeing Owes Ex-IP Manager $75K For Retaliation, Judge Says

IP Law 360

A Washington federal judge on Monday awarded a former Boeing intellectual property manager $75,000 in non-economic damages, finding that the company retaliated against him for speaking up against the poor treatment of other workers while also concluding the plaintiff was owed much less than the $750,000 or more he sought.

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China Proposes New Regulations for Online Gaming

LexBlog IP

In December 2023, China’s National Press and Publication Administration introduced draft regulations with potentially significant implications for the online gaming industry. The proposed regulations, aimed at curbing in-game spending, could substantially affect games that rely on high spenders for their revenue, particularly “free to play” games.