Fri.Jul 26, 2024

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Music Industry Puts Pressure on ‘Parasitic’ Streaming App Musi

TorrentFreak

App stores are littered with apps that promise free access to music, but only few live up to expectations. Musi is one of them. The music app made headlines in 2016 when its founders, who were teenagers at the time, presented their brainchild in an episode of the Canadian edition of Dragons’ Den. In essence, the software itself is relatively simple.

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[UPCKat] UPC Court of Appeal’s PI ruling leaves open the possibility of using prosecution history as an aid for claim construction

The IPKat

As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of guest UPCKats Agathe Michel-de Cazotte , Hiske Roos and Laura Mikkelsen and members from the team at Carpmael s we continue the journey, again visiting the Munich Local Division before venturing to the Court of Appeal's May decision.

Patent 105
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NCAA's $2.8B NIL Deal, Revenue-Sharing Plan Sent To Judge

IP Law 360

A $2.78 billion deal to settle a massive class action targeting the NCAA's name, image and likeness compensation rules was submitted to a California federal judge for preliminary approval Friday, allowing for revenue sharing with athletes across all sports.

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CGPDTM to hold a Public Meeting on Form 27 (July 29)

SpicyIP

New Form 27 The office of Controller General of Patents, Designs and Trademark (CGPDTM) issued a notice informing about the organization of a virtual public meeting for brainstorming on the new Form 27. The meeting will be organized on July 29 at 4:30 and can be joined by using the open house meeting link (can be accessed from here ). While the move to organize the public meeting should be appreciated, the extremely short notice (of merely 4 days!

Designs 99
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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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Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles

IP Law 360

In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.

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Major Labels Block 40 Pirate Domains, Search Deindexing More Concerning

TorrentFreak

To a greater or lesser extent and depending on region, rightsholders across all major industries are now regular participants in site-blocking actions. Most blocking takes place to prevent access to movies and TV shows on static platforms such as torrent sites and streaming indexes, plus streaming platforms typically operated by IPTV providers offering live sports.

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More Trending

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Copyright Cases To Watch In The Second Half Of 2024

IP Law 360

The first copyright trial arising from an artificial intelligence platform could provide intellectual property attorneys with insight into dozens of pending suits against AI companies, while the Tenth Circuit is reconsidering whether Netflix made fair use of a funeral clip in its "Tiger King" docuseries.

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Canadian Legal Code? Copying Foreign Law Can’t Infringe Copyright Under US Law

JD Supra Law

The US Court of Appeals for the Fifth Circuit held that reprinting foreign law cannot be an infringement of US copyright law. Canadian Standards Association v. P.S. Knight Co., Ltd., Case No. 23-50081 (5th Cir. July 16, 2024) (King, Willett, Douglas, JJ.).

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Trending At The PTAB: 1 Year Of Denials Of Institution

IP Law 360

An analysis of Patent Trial and Appeal Board denials of institutions between May 2023 and May of this year highlights the board’s common reasons for denial, which can provide insight to both petitioners and patent owners in future proceedings, say Kevin Rodkey and Victor Palace at Finnegan.

Patent 59
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Key Considerations When Using AI Tools to Draft and File Documents with the USPTO

JD Supra Law

The use of Artificial Intelligence (AI) tools in practice before the United States Patent and Trademark Office (USPTO) is changing how practitioners prepare and submit documents. The USPTO’s recent Guidance on Use of Artificial Intelligence-Based Tools outlines the implications and responsibilities for practitioners using AI tools in their submissions.

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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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Other Barks & Bites for Friday, July 26: New Group Registration for Frequently Updated News Websites, Trade Secret Claims Against TikTok Survive Dismissal, and USPTO’s Estoppel Provisions in IPR Proceedings Upheld

IP Watchdog

This week in Other Barks & Bites: the U.S. Court of Appeals for the Federal Circuit affirms the U.S. Patent and Trademark Office’s statutory authority to apply its estoppel provisions to claim validity rulings at the Patent Trial and Appeal Board; the U.S. Copyright Office issues a final rule creating a new group registration for frequently updated news websites; energy drink brand PRIME faces a trademark suit from the U.S.

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Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility

JD Supra Law

The United States Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § 101, specifically focusing on artificial intelligence (AI) and other software-related emerging technologies (ET). This article synthesizes key takeaways and insights from the update and provides implications for innovators and patent practitioners.

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New Approaches to Indexing and Standardizing Biological Sequence Data

IP Watchdog

In a recent publication titled “’Google for DNA’ indexes 10% of world’s known genetic sequences,” the journal, Science, addressed promising results of a new tool called MetaGraph. Developed by a Biomedical Informatics academic group from ETH Zurich, MetaGraph organizes and compresses publicly available sequence data into a searchable format.

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[Audio] The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson [PODCAST]

JD Supra Law

Tracy Anderson, the mastermind behind the Tracy Anderson Method, sued ex-trainer Megan Roup for allegedly stealing her routines and licensing them to Equinox. The US District Court just ruled against Anderson’s copyright claim. Join Scott Hervey and Jamie Lincenberg from Weintraub Tobin on "The Briefing" as they discuss the case’s impact on fitness entrepreneurs.

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[Guest post] Fanatics about trade mark infringement, cancellation and honest concurrent use in Australia

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Kimberley Evans (Pearce IP) regarding a recent Australian decision concerning inter alia the honest concurrent use and own name defences under Australian trade mark law. Here's what Kimberley writes: Fanatics about trade mark infringement, cancellation and honest concurrent use in Australia by Kimberley Evans In FanFirm Pty Limited v Fanatics, LLC [2024] FCA 764 , Justice Rofe of the Federal Court of Australia cons

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Terminal Disclaimer Rule Proposed to Balance Innovation and Competition

JD Supra Law

The United States Patent and Trademark Office (“USPTO”) periodically evaluates the delicate balance of the U.S. patent system to protect innovation without excessively stifling competition. U.S. patents give patent owners the exclusive right to exclude others from making, using, selling, or importing the claimed invention typically for 20 years; however, the risk of patent infringement can deter other companies from making innovative changes to the claimed invention and entering the market.

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Knockoffs, nu?

Likelihood of Confusion

Originally posted 2013-04-24 14:31:13. Republished by Blog Post PromoterCounterfeit Chic posts Knockoff News 59! The post Knockoffs, nu? appeared first on LIKELIHOOD OF CONFUSION™.

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Federal Circuit Changes Obviousness Test For Design Patents

JD Supra Law

In a recent en banc decision, the Federal Circuit Court of Appeals has overruled its prior test for nonobviousness of design patent inventions, holding that design patents are subject to the same test as utility patents. LKQ Corporation v. GM Global Technology Operations (Federal Circuit, May 21, 224).

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Amazon And Google Face New Suits Over Japanese Patents

IP Law 360

A litigation outfit trying to cash out on patents issued to Japanese electronics company JVCKenwood has expanded its campaign against Amazon and Google with a second set of lawsuits in Virginia federal court.

Patent 52
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[Video] The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson

JD Supra Law

Tracy Anderson, the mastermind behind the Tracy Anderson Method, sued ex-trainer Megan Roup for allegedly stealing her routines and licensing them to Equinox. The US District Court just ruled against Anderson’s copyright claim. Join Scott Hervey and Jamie Lincenberg from Weintraub Tobin on "The Briefing" as they discuss the case’s impact on fitness entrepreneurs [VIDEO].

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Fed. Circ. Upholds PTAB Estoppel Rule, But Limits Its Reach

IP Law 360

The Federal Circuit on Friday upheld a U.S. Patent and Trademark Office rule that can lead to Patent Trial and Appeal Board decisions rendering patent claims invalid in later office proceedings, but found in a case involving Apple and Motorola that the rule doesn't apply to issued claims.

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Preliminary Injunction Upheld in Cancer Relapse Detection Case

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed the grant of a preliminary injunction (PI) in the biopharmaceutical space, concluding that the plaintiff satisfied the requirements for injunctive relief, including likelihood of success on the merits. The injunction included “carve outs” for patients requiring access to the affected cancer detection kits.

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Del. Court Won't Let Generic Co. Walk Back Invalidity Promise

IP Law 360

Generic-drug maker Mankind Pharma is bound to its promise not to challenge the validity of a patent covering Allergan's glaucoma drug Lumigan after a federal judge in Delaware shot down its argument that recent rulings on obviousness-type double patenting altered the litigation landscape.

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David-Versus-Goliath Trademark Victory Isn’t “Exceptional”

JD Supra Law

The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy considerations rather than the totality of the circumstances. Lontex Corp. v. Nike, Inc., Case Nos. 22-1417; -1418 (3rd Cir. July 10, 2024) (Hardiman, Matey, Phipps, JJ.).

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Application limit for patent prosecution highway 2024

Olartemoure Blog

Brazil’s National Institute of Industrial Property (INPI) has announced that the global limit for requests for accelerated technical examination through the Patent Prosecution Highway (PPH) program is approaching its peak for 2024. The PPH currently has a limit of 800 applications per annual cycle, which ends on December 31, 2024. After this date, or when the limit is reached, the PPH is reinstated and will be resumed in January 2025.

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AI Takeover: PTO Issues More Patent Eligibility Guidance for AI Inventions

JD Supra Law

The US Patent & Trademark Office (PTO) issued a 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence, which focuses on subject matter eligibility for artificial intelligence (AI)-based inventions. 89 Fed. Reg. 58128 (July 17, 2024).

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Patentability of AI inventions

Olartemoure Blog

The U.S. Patent and Trademark Office (USPTO) has issued a guidance update to address innovation in emerging technologies , which will assist USPTO personnel and stakeholders in determining subject matter eligibility under patent law of AI inventions during patent examination, appeal, and post-grant proceedings. This latest update brings more clarity and consistency to how the USPTO and applicants should evaluate the allowability of claim subject matter in patent applications and patents relating

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Credibility at Issue? Court May Compel Party Representative to Appear In Person

JD Supra Law

Addressing for the first time whether a district court can compel a witness to appear in person for testimony involving fraud on the court, the US Court of Appeals for the Federal Circuit affirmed the district court’s determination that it could require an in-person appearance of the sole corporate representative to make a credibility determination.

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Clearance rulings from the Andean Community

Olartemoure Blog

The Court of Justice of the Andean Community has issued three novel rulings that will be of great use to creators of audiovisual works who wish to use elements protected by intellectual property. In preliminary interpretation 237-IP-2021, the Court stated that the non-commercial use of a trademark without the owner’s authorization does not constitute trademark infringement.

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Prior Art and Public Availability: Key Decisions in German Patent Litigation

JD Supra Law

The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases are heard before the German Federal Patent Court. Its decisions often have a signal effect for the outcome of litigation in Europe and beyond. In a number of recent decisions, the German Federal Patent Court has made critical rulings regarding prior art and public availability in nullity.

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Washington Cases To Watch 2024: A Midyear Report

IP Law 360

Two Washington tribes are testing whether they can hold Big Oil companies accountable in state court for climate change-related catastrophes, the attorney general is defending a ban on large-capacity gun magazines, and a key test of the state's anti-patent troll law is set for trial.

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Can a Slide Show Be Considered a Printed Publication to Prevent Patentability?

JD Supra Law

Suppose you have an invention and disclose it in a slide show to an audience attending a conference. Can this slide show be considered a printed publication to prevent the invention from being novel and patented? Are there protective measures that can be taken to prevent the slide show from being considered a printed publication? The answer is YES!

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Illinois Cases To Watch In 2024: Midyear Report

IP Law 360

Illinois attorneys say they are considering the path forward for Springfield corruption prosecutions following a recent U.S. Supreme Court ruling, as well as paying attention to what comes next in Motorola Solutions' trade secret contempt fight and potential new guidelines for music copyright cases. Here are the cases to watch in Illinois for the rest of 2024.

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From Oops to Encore: The Board’s Premature Adverse Judgment

JD Supra Law

The Director of the US Patent & Trademark Office (PTO) overturned the Patent Trial & Appeal Board’s premature adverse judgment against a patent owner and remanded an inter partes review (IPR) proceeding based on the fact that the patent owner had initially instructed its counsel to cease work on the IPR while seeking new representation for related district court litigation, which contributed to the procedural delays.

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HP Says Dolby, Philips, Mitsubishi Patent Fees A 'Money Grab'

IP Law 360

Computer maker HP Inc. has claimed Dolby Laboratories, Mitsubishi and Philips are attempting a "money grab" by attempting to overcharge on licensing fees for ultra-high-definition streaming patents, according to a complaint filed in Massachusetts state court.

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