Wed.Jul 24, 2024

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3 Count: Stealth Piracy

Plagiarism Today

FACT and Sky target IPTV operators in the UK, CCC announces AI licensing system and stealth piracy app caught in iOS App Store. The post 3 Count: Stealth Piracy appeared first on Plagiarism Today.

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Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?

Kluwer Copyright Blog

AI-generated image by DALL-E 3 (through Microsoft Copilot) based on Gabriele Cifrodelli’s prompt: ‘Terms and Conditions on a cracked computer screen’ Although large, general purpose AI (GPAI) or “foundation” models and their generative products have been around for several years , it was ChatGPT’s launch in November 2022 which captured the public and media’s imagination as well as large amounts of venture capital funding.

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Quizlet Sued By Test Prep Company

Plagiarism Today

Test preparation company Barkley & Associates are suing study aid website Quizlet. However, the case has a wrinkle. The post Quizlet Sued By Test Prep Company appeared first on Plagiarism Today.

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CAFC Committee Recommends Another Year of Sanctions Against Newman

IP Watchdog

The Special Committee of the U.S. Court of Appeals for the Federal Circuit (CAFC) that has been investigating Judge Pauline Newman’s alleged misconduct for the past year today renewed its recommendation to sanction Newman in the form of a suspension from hearing cases at the panel or en banc level for an additional year. The Committee consists of CAFC Chief Judge Moore and Judges Prost and Taranto.

Reporting 111
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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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Drug Doppelgängers: Unveiling the Dangers of Look-Alike, Sound-Alike (LASA) Medications

SpicyIP

In light of the news surrounding the possibility of implementation of strict measures against Look Alike Sound Alike (LASA) drugs, we are pleased to bring to you this discussion by Aditya Bhargava. Aditya is a third-year law student at NLSIU Bangalore. He is interested in intellectual property, AI regulation and tech law. His previous posts can be accessed here.

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Five Men Behind Huge Pirate Streaming Site Want Their Convictions Overturned

TorrentFreak

After dragging on for years due to the complexity of the case, which was further complicated by a global pandemic, last month a Las Vegas jury convicted five men behind pirate streaming service Jetflicks. Kristopher Dallmann, Douglas Courson, Felipe Garcia, Jared Jaurequi, and Peter Huber, generated millions of dollars in revenue through Jetflicks, a subscription platform that reportedly offered more content than Netflix, Hulu, Vudu, and Amazon Prime.

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Are You Better Off Today Than You Were Five Years Ago? Selected comments on the MLC Redesignation: Gwendolyn Seale

The Trichordist

Music attorney Gwen Seale raises important questions about how the MLC, Inc. discloses the songwriters’ black box money it holds.

Music 91
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Being A Luthier Makes Me a Better Lawyer

IP Law 360

When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

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K&C Sports & Entertainment Law Weekly Roundup - July 2024 #4

JD Supra Law

The breach of contract trial against a woman claiming to be Jerry Jones’ daughter is scheduled to start next Monday, and the Cowboys owner is expected to testify on the witness stand.

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Newman Facing 2nd Suspension For 'Continuing Misconduct'

IP Law 360

A panel of Federal Circuit judges on Wednesday recommended U.S. Circuit Judge Pauline Newman remain suspended for another year based on her ongoing refusal to cooperate with an investigation into her health, or even acknowledge the court's concerns.

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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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PTAB Updates its SOP for Assigning Judges to Panels

JD Supra Law

The PTAB recently updated its Standard Operating Procedure 1 (SOP), which describes the process and guidelines for assigning judges to panels in all jurisdictions of the Board. This blog post highlights some of the key features of the revised SOP and what they mean for practitioners and parties.

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How Brands Can Compete in the Games Without Being Official Sponsors

IP Watchdog

The Summer Olympics starts in just a few days, and with it comes a flurry of cease-and-desist letters from the U.S. Olympic Committee (USOC). The Olympics benefits from extra special trademark protection here in the United States. Unlike in other countries, the federal government does not fund Team USA, so our athletes mostly rely on sponsorship dollars to compete.

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USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence

JD Supra Law

On July 17, 2024, the United States Patent and Trademark Office (USPTO) published guidance regarding the patent subject matter eligibility of claims concerning technology applicable to artificial intelligence (AI).

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Pennsylvania Judge Denies Preliminary Injunction on FTC’s Non-Compete Rule, Setting Up Potential Circuit Split

IP Watchdog

On July 23, U.S. District Judge Kelley B. Hodge of the Eastern District of Pennsylvania published a memorandum denying a preliminary injunction requested by ATS Tree Services, which sought to prevent enforcement of the Federal Trade Commission’s (FTC) recent rule banning non-compete clauses from U.S. employment contracts. The ruling comes a few weeks after injunctive relief was granted to another plaintiff by the Northern District of Texas, setting up a potential split among regional circuit cou

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IP Hot Topic: Update on USPTO Guidance for AI Subject Matter Eligibility

JD Supra Law

On July 16, 2024, the United States Patent and Trademark Office (USPTO) released updated guidance on patent subject matter eligibility, focusing on artificial intelligence (AI). This update, effective from July 17, 2024, is designed to help USPTO staff and stakeholders assess the eligibility of AI inventions under 35 U.S.C. § 101. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Albright Stays 3D Patent Row Against Apple For PTAB Appeal

IP Law 360

U.S. District Judge Alan D. Albright has agreed to pause a patent owner's suit accusing Apple of infringing its three-dimensional interface technology for mobile devices to let both sides appeal to the Federal Circuit the Patent Trial and Appeal Board's rulings invalidating some of the asserted patents.

Patent 52
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USPTO Issues Patent Eligible Subject Matter Guidance for AI Inventions

JD Supra Law

The Situation: Concerns that uncertain and unpredictable patent subject matter eligibility jurisprudence thwarts U.S. economic and technological advancements are especially acute in the fast advancing AI space. Stakeholders voiced apprehension that AI inventions are vulnerable to subject matter eligibility rejections under the current legal framework.

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NBA Reaches $76B, 11-Year Deal With Amazon, NBC, Disney

IP Law 360

The National Basketball Association announced Wednesday that it has negotiated new telecast and streaming agreements with Amazon, NBCUniversal and The Walt Disney Co. collectively worth $76 billion, bringing to an end the league's long-standing partnership with TNT, which has vowed to "take appropriate action.

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From Legislation to Innovation: The CHIPS Act and a New Era of Semiconductor Innovation

JD Supra Law

The modern semiconductor industry was born in the 1950s in the United States, and the United States remained the indisputable industry leader for the first few decades of its development. But over the last few decades, the industry has increasingly globalized and in many areas, such as foundries, the United States has lost its preeminence.

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Carrier, Ex-Salesman Reach Deal In Trade Secrets Case

IP Law 360

Florida-based Carrier Corp. and one of its former salesmen reached an agreement Wednesday in the company's lawsuit alleging theft of its trade secrets, with the ex-employee promising a Connecticut federal court that he won't share protected information from his previous job and will allow searches of his electronic devices.

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OGC Summer Legal Internship Program

U.S. Department of Commerce

OGC Summer Legal Internship Program July 23, 2024 CAndrade@doc.gov Wed, 07/24/2024 - 15:40 Today, the OGC summer legal internship program wrapped up with a special opportunity to meet General Counsel Leslie Kiernan. The interns had the chance to ask the General Counsel about career advice and her thoughts on effectively managing in government. This summer, the intern program included lunch meetings with Deputy General Counsel John Guenther , and Chief Counsels to the Commercial Law Development P

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TikTok Can't Nix Trade Secrets Row By Worker's Ex-Employer

IP Law 360

A California federal judge on Tuesday denied TikTok's motion to toss a trade secrets suit by Beijing Meishe relating to copyrighted source code for video editing, finding Meishe plausibly alleged it found a "striking similarity" between the two companies' object codes after one of its employees quit and joined TikTok.

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Upcoming Webinar: Responsibly Navigating the USPTO’s Inventorship Guidance with Generative AI

IP.com

AI-Assisted Innovation – Responsibly Navigating the USPTO’s Inventorship Guidance with Generative AI This webinar will focus on the responsible use of generative AI tools, such as IP.com’s IQ Ideas+ (featuring CompassAI), in the invention process. It will cover the recent USPTO guidance on inventorship for AI-assisted inventions, highlighting how to ensure significant human contributions to create patentable solutions.

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Pictures Worth More Than Words In Croc Clog Design Fight

IP Law 360

A Colorado federal judge has declined to use foam shoemaker Joybees' written descriptions in rival Crocs' intellectual property suit, concluding the design of the clogs is better represented by Crocs' patent illustrations.

Design 52
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Philosopher Kings, Not

Likelihood of Confusion

Originally posted 2012-11-29 12:42:32. Republished by Blog Post Promoter The Atlantic Online features an article by Bejamin Wittes bellyaching about the quality of the U.S. Supreme Court’s rationalization of its all-powerful rule over the world’s most powerful nation: But what’s most striking is a basic unhappiness with the Court’s quality and integrity — a sense […] The post Philosopher Kings, Not appeared first on LIKELIHOOD OF CONFUSION™.

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Apple Foe Urges Fed. Circ. To Rethink PTAB Holding

IP Law 360

A Michigan professor's startup has asked the full Federal Circuit to revisit a ruling penned by U.S. District Judge Alan Albright, arguing the wrong call was made on what kind of arguments from Apple the Patent Trial and Appeal Board could field.

Patent 52
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Starbucks vs Starbuds

Biswajit Sarkar Copyright Blog

In a recent legal development, Starbucks has filed a lawsuit against Starbuds Flowers, a mobile marijuana retailer, accusing the company of trade mark and copyright infringement. The lawsuit, filed on June 28th in the U.S. District Court of Southern District of New York, claims that Starbuds has intentionally copied Starbucks’ iconic logo and brand name to confuse the public.

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Fed. Circ. Rejects Challenges To PTAB's Network IP Decisions

IP Law 360

The Federal Circuit rejected an internet router-maker's bid to restore testimony that could have flipped two decisions at the Patent Trial and Appeal Board, ruling Wednesday that the court won't revive ideas developed decades ago by a since-bankrupt tech company.

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Patent Puzzles after the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretion

Patently-O

Guest post by Arti K. Rai , Elvin R. Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Although these decisions may not have as significant an impact in patent law as in other areas, they do pose interesting puzzles with respect to stare decisis as well as agency rulemaking and discretion that will provide many litigation opportunities going f

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Patent Cap In Drug Pricing Bill Seen As Having Muted Effect

IP Law 360

The U.S. Senate recently passed a bill aiming to lower drug prices by limiting the number of patents that can be asserted in cases over biosimilars, but attorneys say the measure's numerous exceptions make it unlikely to have a major effect on litigation or consumer costs.

Patent 52
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TTAB Sustains Nike's Opposition to "4IR", Finding Confusion Likely with "AIR" For Shirts

The TTABlog

Footwear behemoth Nike, Inc. ran over pro se Applicant Timothy Jinks in this opposition to registration of the mark 4IR for "shirts." The Board found confusion likely with Nike's common law mark AIR for various types of shirts. Not a single DuPont factor weighed in applicant's favor. NIKE, Inc. v. Timothy Jinks , Opposition No. 91278263 (July 9, 2024) [not precedential] (Opinion by Judge Thomas W.

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Copyright Protections For Safety Standards Stall In US House

IP Law 360

The U.S. House failed to advance legislation to let the private groups that set standards for a variety of safety matters keep copyright protections when their works are incorporated by reference into laws as long as the standards are still available for free online.

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Introducing “Funopoly”: (But What About Copyright?)

Hugh Stephens Blog

Photo: Author A couple of weeks ago I wrote about Copyright in Cottage Country, and how those wet afternoons are often occupied with cards or board games, like Scrabble, Clue or Cranium, all of which (the board games, that is) are copyrighted (and trademarked). What I neglected to mention is that, in addition to these … Continue reading "Introducing “Funopoly”: (But What About Copyright?

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What High Court TM Rulings Tell Us About Free Speech

IP Law 360

Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.

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Conception Is The Proper Test For AI-Assisted Inventions

IP Law 360

The U.S. Patent and Trademark Office should adopt the conception standard for reviewing AI-assisted inventions, as well as require the disclosure of artificial intelligence prompts and responses because they are material to patentability, which would then simplify the patent examiner’s invention decision, says Thomas Hamlin at Robins Kaplan.