Wed.Mar 26, 2025

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Pirate Bay Doc Director Files Takedowns Against YouTube Copies

Plagiarism Today

Simon Klose, the director of the Pirate Bay documentary TPB-AFK, filed takedowns against copies on YouTube. Irony is just the first problem. The post Pirate Bay Doc Director Files Takedowns Against YouTube Copies appeared first on Plagiarism Today.

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Federal Circuit Confirms Deductibility of Hatch-Waxman Litigation Expenses

JD Supra Law

On March 21, the Court of Appeals for the Federal Circuit held in a precedential opinion that legal fees incurred by generic drug companies in defending against patent infringement suits brought under the Hatch-Waxman Act constitute ordinary and necessary business expenses that may be deducted in the year in which they are incurred, and do not need to be capitalized over a period of years.

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Anthropic Scores Preliminary Victory in AI-Copyright Clash Against Music Companies

TorrentFreak

Over the past few years, AI technology has progressed at a rapid pace. This includes large language models, which are typically trained on a broad datasets of texts; the more, the better. When AI hit the mainstream, it became apparent that rightsholders were not always pleased that their works had been used to train AI. This applies to photographers, artists, music companies, journalists, and authors, some of whom formed groups to file copyright infringement lawsuits to protect their rights.

Music 64
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Six Essential Tips for Understanding Intellectual Property Rights Under Government Contracts

JD Supra Law

In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for understanding intellectual property (IP) rights in government contracts. Contractors navigating federal procurement must understand how IP is created, owned, and licensed under government agreements. The failure to properly manage IP rights can lead to the unintended loss of ownership, competitive disadvantages, or disputes with the government over licensing.

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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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Analysing Digital Currency Bill from the US Perspective

IP and Legal Filings

The Digital Currency Bill 2021 would be the legislative attempt for India to present a wholesome framework of regulating cryptocurrencies and addressing all the complex challenges issued by digital assets. At this moment, the bill emerges in a world where governments grapple throughout the world to provide a balance in unleashing innovation in the financial technologies sector with the imperatives of financial stability and security.

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[Video] Hilary Preston, Vice Chair at Vinson & Elkins, Discusses Energy Innovation: Protecting Your Intellectual Property Portfolio

JD Supra Law

As energy reshapes industries and economies, the race for innovationand the intellectual property behind ithas never been more competitive. Hilary Preston, Vice Chair at Vinson & Elkins unpacks the high-stakes intersection of breakthrough energy solutions, IP strategy, and global market leadership. Learn how forward-thinking companies are safeguarding game-changing ideas and driving the future of energy. ??

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D.C. Circuit Denies Copyright to AI Artwork - What Humans Have and Artificial Intelligence Does Not

JD Supra Law

Can a non-human machine be an author under the Copyright Act of 1976? In a March 18, 2025 precedential opinion, a D.C. Circuit panel affirmed prior determinations from the D.C. District Court and the Copyright Office that an original artwork created solely by artificial intelligence (AI) is not eligible for copyright registration, because human authorship is required for copyright protection.

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3 Count: Anthropic Principle

Plagiarism Today

Anthropic wins early decision in AI case, Ye sued over allegedly unlicensed sample and ASCAP askes government to not loosen copyright for AI. The post 3 Count: Anthropic Principle appeared first on Plagiarism Today.

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TTAB Sustains Opposition Based on Reputation Without Use in the United States

JD Supra Law

TTAB sustains opposition based on reputation without use in the United States - UNITED STATES OF AMERICA Legal updates: case law analysis and intelligence - The opponent, owner of Venezuelan company La Montserratina, opposed an application for LA MONTESERRATINA in Class 29. The TTAB found that the opponent had provided evidence of actual confusion in the United States, demonstrating its reputation in the LA MONTSERRATINA mark.

Law 68
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Navigating Amazon, FDA, and FTC Compliance for Health-Related Books and Products: A Practical Guide

Traverse Legal Blog

Publishing health-related books or products can quickly turn into a compliance nightmare. Many authors and entrepreneurs face unexpected removals from Amazon or aggressive scrutiny from the FDA and FTC. To successfully sell your health content without interruptions, you must master the overlapping regulations enforced by these powerful entities. This guide outlines exactly what you canand can’tsay, helping you build a secure and compliant brand.

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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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Fintiv and the Resurgence of PTAB Discretionary Denials Involving the ITC

JD Supra Law

On March 24, 2025, the United States Patent and Tradmark Office (USPTO) issued a new Memorandum providing guidance on discretionary denials (or Fintiv denials) for inter partes review (IPR) challenges based on co-pending patent litigation. Notably, the 2025 Memo states that the Patent Trial and Appeal Board (PTAB) will again apply the Fintiv factors when there is a parallel proceeding before the International Trade Commission (ITC).

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CRI Guidelines 2025 is out for Public Consultations!

SpicyIP

On 25th March 2025, the Patent Office officially released the Draft Guidelines for Examination of Computer-Related Inventions (CRI), 2025 , for public consultations. Section 3(k) has been subject to great debate and discussion in the blog. On a quick glance at the guidelines, the guidelines include discussion surrounding all aspects of patenting software (novelty, inventive step, clarity, etc).

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PTAB Issues Memo on Fintiv Analysis Changes

JD Supra Law

On March 24, 2025, Chief Administrative Patent Judge Scott R. Boalick issued a memo directed to the members of the Patent Trial and Appeal Board (PTAB) explaining why the USPTOs June 2022 Fintiv memo was rescinded and how the PTAB should analyze Fintiv moving forward. The memo explains that: - Rescission of the June 2022 Fintiv memo applies to any case pending institution or pending rehearing/director review of an institution decision; By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent 62
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Opposing A.I. Regulation is a “Knee Jerk” Reaction; It Won’t Help Businesses or Investors

IP Close Up

Reluctance to regulate AI in a meaningful manner is a knee jerk reaction by companies and investors to evade oversight.

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Claims Reciting Material Properties of a Claimed Composition Withstand § 101 Scrutiny

JD Supra Law

US SYNTHETIC CORP. v. INTERNATIONAL TRADE COMMISSION - Before Dyk, Chen, and Stoll. Appeal from the U.S. International Trade Commission. The Federal Circuit found claims reciting magnetic properties of a claimed composition were not directed to an abstract idea where the specification expressly correlated the recited magnetic properties to physical characteristics of the claimed composition.

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honey producers have statutory standing to challenge Bayer's claims to direct purchasers that herbicides were safe

43(B)log

Coys Honey Farm, Inc. v. Bayer Corp., MDL No.:1:18-md-02820-SNLJ, No. 1:21-CV-089-SNLJ, 2025 WL 901264 (E.D. Mo. Mar. 25, 2025) Coys s a beekeeping and honey-producing operation. It alleged that dicamba-based herbicide products, including those produced by defendants, moved away from the targeted dicamba-tolerant plants and damaged non-tolerant vegetation surrounding plaintiffs beekeeping operation.

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PTAB: A Provisional Application Must Provide Written Description Support for Relied Upon

JD Supra Law

In a decision issued today, the Federal Circuit addressed the issue of whether an Examiner can rely on the filing date of a provisional application under pre-AIA 102(e) to support a rejection based on a later-filed and published non-provisional application. In Re Riggs, Case No: 22-1945 (Fed. Cir. Mar. 24, 2025). The Examiner demonstrated that the provisional application supported at least one claim of the non-provisional application but relied on another portion of the non-provisional.

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A Teapot Steeped with Dicta: An Update on In re Maatita and Design Definiteness

IP Watchdog

The flexible approach of In re Maatita to definiteness embodies the idea that designs can be depicted in a variety of ways while still being reasonably understood by the ordinary observer. The standard also strikes a balance between allowing infringement and patentability to be assessed and allowing applicants to claim their design in the way that best reflects how that design is likely to be viewed in the real world, or focusing on what the applicant deems to be the most important aspects of th

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Federal Circuit Affirms Despite Claim Construction Error

JD Supra Law

The Federal Circuit upheld the PTABs decision deeming an integrated circuit connector patent unpatentable for obviousness, despite concluding that the Boards claim construction was erroneous. The Court also rejected a challenge to the Boards motivation to combine findings as to certain dependent claims, concluding that the Board provided a thorough and well-reasoned explanation, relying on the testimony of Microchips expert.

Patent 62
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TTABlog Test: Is STEED COMPANY Confusable with CORCEL for Clothing?

The TTABlog

The USPTO refused to register the mark STEED COMPANY for "Mens clothing, namely, t-shirts and sweatshirts, outerwear, namely hats" [STEED disclaimed], finding confusion likely with the registered mark CORCEL for "Bottoms as clothing; Footwear; Headwear; Jackets; Tops as clothing." The English translation of CORCEL (Portuguese) is "steed." Applicant argued that "steed" is a weak term for clothing, based on three third-party registrations, and that the doctrine of equivalents is just a guideline t

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Copyrightability of genAI Outputs in the US: Key Developments

JD Supra Law

Key takeaways from the US Copyright Offices Copyrightability Report and the DC Circuits March 2025 Thaler decision - On January 29, 2025, the US Copyright Office issued Copyright and Artificial Intelligence, Part 2: Copyrightability (Copyrightability Report), which helps to clarify when and how the output of generative artificial intelligence (genAI) tools may qualify for copyright protection under US law.

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Judge Newman Maintains Fitness Probe Must Be Transferred

IP Law 360

Counsel for suspended 97-year-old Federal Circuit Judge Pauline Newman on Wednesday told the D.C. Circuit that its decision to transfer ethics complaints against a senior district court judge, lodged by his own colleagues, supported her contention that her fellow circuit judges shouldn't investigate her fitness to remain on the bench.

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As AI Colors Fashion, Copyright Remains a Gray Area

JD Supra Law

A U.S. federal appeals court recently ruled that works generated solely by artificial intelligence are not eligible for copyright protection.

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Judge Trims Copyright Case Against Microsoft, OpenAI

IP Law 360

A New York federal judge Wednesday kept alive news organizations' direct and contributory copyright infringement claims accusing Microsoft and OpenAI of ripping off their content to train generative artificial intelligence while trimming claims under the Digital Millennium Copyright Act, but giving the plaintiffs a chance to rework their allegations.

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K&C Sports & Entertainment Law Weekly Roundup - March 2025 #4

JD Supra Law

Twelve current and former tennis professionals filed a proposed antitrust class action in New York federal court on Tuesday, accusing the sports governing bodies of operating as a cartel that manipulates pay and rankings, forces unsafe playing conditions, and exposes players to unfair investigations and discipline.

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Sotomayor Urges Caution On Nondelegation Doctrine Revamp

IP Law 360

U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices,however, seemed willing to disregard that admonition.

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Appellate Court Confirms Copyright Statute Limits Authorship to Humans, Foreclosing Copyright Registration for Content Solely Generated by AI

JD Supra Law

AT A GLANCE - On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit affirmed decisions by a lower court and the United States Copyright Office that human authorship is required to obtain copyright protection in the United States, thereby foreclosing copyright registration for content solely generated by AI.

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Judge Faults USPTO's 'Arbitrary' Ruling In BMW Patent Suit

IP Law 360

A Virginia federal judge agreed with BMW that former U.S. Patent and Trademark Office Director Kathi Vidal erred when she vacated a reexamination of a cruise control patent being challenged by BMW, finding that the former director didn't adequately explain her analysis.

Patent 52
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Inaction Can Lead To Argument Forfeiture on Appeal

JD Supra Law

ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark. Appeal from Patent Trial and Appeal Board - A party in a PTAB proceeding forfeits the ability to challenge an opposing partys discovery obligation violation through inaction.

Patent 62
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Were You Affected by the University of Michigan Data Breach? Your Rights, Legal Options & How to Seek Compensation.

Traverse Legal Blog

If youre a victim of the University of Michigan Matt Weiss hacking scandal, discover your legal rights, options for compensation, and how Traverse Legal’s expertise in data privacy, security, and forensics makes our law firm different. If you think you may have been impacted by the University of Michigan data breach involving former football coach Matt Weiss, now is the time to protect your legal rights.

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First-to-File: A Game-Changer in US Patent Law

JD Supra Law

The United States patent system underwent a significant change with the enactment of the First-Inventor-to-File (FITF) provision of the America Invents Act, which became effective on March 16, 2013. The FITF provision transitioned the United States from a First-to-Invent system to a First-Inventor-to-File system. By: Ward and Smith, P.A.

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Full Fed. Circ. Won't Look At Injunction On MSN's Generic Drug

IP Law 360

The full Federal Circuit won't revisit a panel's January order barring MSN Laboratories Pvt. Ltd. from launching a generic version of Novartis' bestseller, the cardiovascular drug Entresto, as part of a flurry of moves in litigation related to the treatment.

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Compassion in Registration: A Lesson in Filing Narrow Trademark Applications

JD Supra Law

Identical trademarks can coexist, as the Trademark Trial and Appeal Board once again emphasized when it overturned the refusal of a COMPASSION IN ACTION mark.

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Ramey Slams BlackBerry's IP Fee Win As 'Manifest Injustice'

IP Law 360

Ramey LLP and its client Silent Communications, LLC urged U.S. District Judge Alan Albright Thursday to amend his finding that Rameyis liable for covering BlackBerry's attorney fees, estimated to be nearly $900,000, after filing a patent lawsuit in bad faith, arguing that the judgment is a "manifest injustice.

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UPOV welcomes its 80th member: Nigeria

The IPKat

Following the announcement earlier this month that Nigeria would join the International Union for the Protection of New Varieties of Plants (UPOV) , Nigeria's accession to the treaty took effect today. This brings the UPOV membership to a total of 80: two intergovernmental organisations (the EU and the African Intellectual Property Organization, OAPI) and 78 countries.