Thu.Apr 25, 2024

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Is Arial a Plagiarism of Helvetica?

Plagiarism Today

In the world of typography, few conversations get as heated as Arial vs Helvetica. Here's the history of the two typefaces. The post Is Arial a Plagiarism of Helvetica? appeared first on Plagiarism Today.

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U.S. “Know Your Customer” Proposal Will Put an End to Anonymous Cloud Users

TorrentFreak

It’s long been the case that access to certain services, whether on or offline, will only be granted when customers prove their identity. Often linked to financial products but in many cases basic money/goods transactions carried out online, handing over a name, address, date of birth and similar details, can increase confidence that a deal will more likely than not go according to plan.

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3 Count: Expensive TikTok

Plagiarism Today

TikTok user Trefuego ordered to pay $800K over unlicensed sample, Nigerian Copyright Commission claims new powers and more. The post 3 Count: Expensive TikTok appeared first on Plagiarism Today.

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Researchers Showcase Decentralized AI-Powered Torrent Search Engine

TorrentFreak

Twenty-five years ago, peer-to-peer file-sharing took the Internet by storm. The ability to search for and share content with complete strangers was nothing short of a revolution. In the years that followed, media consumption swiftly moved online. This usually involved content shared without permission, but pirate pioneers ultimately paved the way for new business models.

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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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Celebrating World IP Day: Is the Innovative Future Sustainable?

IP Watchdog

The World Intellectual Property Organization (WIPO) established World IP Day (WIPD) 19 years ago to celebrate the day on which the WIPO Convention entered into force: April 26, 1970. And this year, WIPO has set as the theme for World IP Day 2024, “IP and the SDGs: Building our common future with innovation and creativity.” According to WIPO’s website, in order to reach the United Nations’ Sustainable Development Goals (SDGs), “we need to re-think how we live, work and play.

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GSK Hits Pfizer And BioNTech With COVID Vaccine Patent Suit

IP Law 360

GlaxoSmithKline alleged in a suit filed Thursday in Delaware federal court that the COVID-19 vaccines made by Pfizer and BioNTech infringe five of its patents on mRNA technology, the latest in a series of lawsuits over the vaccines that have generated tens of billions of dollars in revenue.

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Judge Reopens Allstate Trade Secrets Case Against Ex-Agent

IP Law 360

A Colorado federal judge has partially reopened a case alleging that a former Allstate exclusive agent poached customers for another agency, directing the ex-agent to explain why he shouldn't be held in contempt in the lawsuit.

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Tips on Protecting Trade Secrets after FTC Bans Non-competes

JD Supra Law

On April 23, the Federal Trade Commission issued its final rule banning non-compete agreements nationwide, with the aim of “protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation.”.

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Fed. Circ. Defines Foreign IP Damages, Raises New Questions

IP Law 360

In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.

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Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc. (Fed. Cir. 2024)

JD Supra Law

The Federal Circuit handed down an opinion last week that invalidated several asserted claims and found infringement under 35 U.S.C. § 271(e)(2) of the claims, while refusing to modify its judgment on infringement after Defendant Norwich submitted a revised ANDA containing a Section viii "carveout" in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc.

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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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7th Circ. OKs Pausing Nail Polish IP Suit For Ownership Fight

IP Law 360

A company registered in New Jersey that sells nail polish has failed to persuade a federal appeals court to let it move ahead with its trade secrets case in a Chicago federal court against its former business partners in China until first resolving an ownership dispute "lurking just beneath the surface.

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[Guest post] Generative AI, originality, and the potential role of contract in protecting unoriginal works

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Adrian Aronsson-Storrier and Oliver Fairhurst (both Lewis Silkin) on protectability of AI-generated outputs under UK copyright. Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of

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FRAND Quarterly: Navigating the Global SEP Landscape - April 2024

JD Supra Law

This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed to be essential to industry standards (SEPs) and are subject to commitments to be licensed on fair, reasonable and non-discriminatory (FRAND) terms.

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Guest post by Profs. Chien and Grennan: Unpacking the Innovator-Inventor Gap: Evidence from Engineers

Patently-O

By: Colleen V. Chien , Professor of Law at the University of California, Berkeley School of Law and co-director of the Berkeley Center for Law and Technology, and Jillian Grennan , Associate Professor of Finance and Sustainability at the University of California, Berkeley Haas School of Business. This post is part of a series by the Diversity Pilots Initiative.

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Does Copyright Law Preempt Contractual Provisions Imposing AI-Related Usage Restrictions on Content?

JD Supra Law

The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues. Website operators in particular are increasingly seeking to use their online terms of service to prohibit the use of content and information hosted on their sites to train AI systems. Disney, for example, recently updated its online Subscriber Agreement for its Disney+ service to clarify that content from the service may not be accessed, copied, or.

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CureVac, Acuitas Reach Deal In COVID Vax Patent Dispute

IP Law 360

CureVac SE told a Virginia federal judge Thursday that it has reached a settlement to resolve Acuitas Therapeutics Inc.'s lawsuit inventorship credit on patents related to lipid nanoparticle technology used to develop the blockbuster Pfizer and BioNTech COVID-19 vaccine.

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[Audio] Are Your Granted Patents in Danger of a Post-Grant Double Patenting Challenge?

JD Supra Law

Patent owners need to be weary of the pitfalls when attempting to procure follow on patents to an existing technology. It could turn out your own patents could be used against others in the portfolio to render them invalid or cut short patent term. Third parties on the other hand should tactically be aware of all assets in patent owner’s portfolio prior to challenging validity.

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Astellas Can't Block Generic Myrbetriq Amid Patent Suit

IP Law 360

A Delaware federal judge has shot down Astellas Pharma's request to issue an injunction blocking rival pharmaceutical companies from selling generic copies of the overactive bladder medication Myrbetriq as they hash out a patent infringement suit, agreeing with a magistrate judge that Astellas isn't likely to win its case.

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World IP Day - Celebrating Innovation and Creativity to Build Our Common Future

JD Supra Law

IP is again being celebrated this year on April 26, with the World Intellectual Property Organization paying homage to the intersection of IP and the Sustainable Development Goals (SDGs) and “[b]uilding our common future with innovation and creativity.”.

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Patent Holder Settles Transfer Fraud Case Tied To $17M Win

IP Law 360

The holder of a patent on a device that prevents New York City subways from flooding on Thursday settled a case adjacent to a $17.8 million infringement feud by agreeing to accept $850,000 from an individual and two companies accused of helping siphon money away from the infringers.

Patent 59
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Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive

JD Supra Law

The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked distinctiveness in the public’s view. TBL Licensing, LLC v. Katherine Vidal, Director of the United States Patent and Trademark Office, Case No. 23-1150 (4th Cir.

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SCT: False Claims Act Actions Based Upon Fraudulently Obtained Patent Rights

Patently-O

by Dennis Crouch This post walks through a new petition for writ of certiorari involving claims that Valeant Pharma defrauded the U.S. government by using fraudulently obtained patent rights prop up its drug prices. [ Read the Petition ] The False Claims Act (FCA), originally enacted in 1863 to combat contractor fraud during the Civil War, imposes civil liability on anyone who “knowingly presents” a “fraudulent claim for payment” to the federal government. 31 U.S.C. § 372

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Examples of Patents for Computer-Aided Diagnostic Methods

JD Supra Law

The latest version of the CNIPA’s Guidelines for Patent Examination (hereinafter referred to as “the latest Guidelines”) came into force as of January 20, 2024. In comparison with the previous version of the Guidelines, there is one example not belonging to diagnostic methods that is added to Section 4.3.1.2 of chapter 1 in part II of the latest Guidelines, which is “(3) information processing method all the steps of which are carried out by a computer or other devices.

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World IP Day – Celebrating Innovation and Creativity to Build Our Common Future

IP Intelligence

IP is again being celebrated this year on April 26, with the World Intellectual Property Organization paying homage to the intersection of IP and the Sustainable Development Goals (SDGs) and “[b]uilding our common future with innovation and creativity.” [1] As a brief history lesson, in 2015, all United Nations Member States adopted the 2030 Agenda for Sustainable Development, which “provides a shared blueprint for peace and prosperity for people and the planet, now and into the future.” [2] The

IP 59
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PTO Proposes New Guidelines for Director Review in Board Proceedings

JD Supra Law

The US Patent & Trademark Office (PTO) proposed new rules governing the process for Director review of Patent Trial & Appeal Board decisions in America Invents Act (AIA) proceedings. Rules Governing Director Review of Patent Trial and Appeal Board Decisions, 89 Fed. Reg. 26,807 (proposed Apr. 16, 2024) (to be codified at 37 C.F.R. pt. 42).

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Sheppard Mullin Hires Perkins Coie IP Partner In DC

IP Law 360

Sheppard Mullin Richter & Hampton LLP has hired an intellectual property attorney from Perkins Coie LLP, who is the third patent-focused litigator to leave that firm this week.

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Founder Series: Top Tips for University Spin-Outs (Part 2 – Intellectual Property)

JD Supra Law

In Part 1 of Top Tips for University Spin-Outs, our Technology Companies Group set out their top tips to help startups navigate raising external financing for university spin-outs. In Part 2, we discuss the key intellectual property (IP) considerations when creating a university spin-out.

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Meta Can't Get TTAB To Dismiss Software Biz's TM Challenge

IP Law 360

An administrative tribunal has dealt a setback to the tech giant formerly known as Facebook in its legal efforts to register a trademark covering its new moniker, allowing an Italian software company called myMeta to proceed with arguments that it was first.

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USPTO Issues a Notice of Proposed Rulemaking on PTAB Changes

JD Supra Law

On April 19, 2024, the United States Patent and Trademark Office (USPTO or Office) issued proposed modifications to the rules of practice for inter partes review (IPR) and postgrant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB or Board). According to the USPTO, the proposals are to enhance and build upon existing precedent and guidance regarding the exercise of the Director’s discretion pursuant to the America Invents Act (AIA) to determine whether to institute an IPR.

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AI-Created Rant Tied To Principal Leads To Ex-Staffer's Arrest

IP Law 360

Baltimore County police on Thursday arrested a former high school athletic director who is accused of using artificial intelligence to generate a racist and antisemitic audio recording falsely attributed to the school's principal, allegedly in retaliation for an investigation into the potential mishandling of school funds.

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New PTAB Rules Under Consideration

JD Supra Law

On April 15, 2024, in response to feedback on last year's ANPRM, Director Vidal issued an invitation to comment on the new NPRM governing PTAB review practices, including: •Definition of “serial petition” as a petition that challenges overlapping claims of the same patent already challenged by petitioner/RPI/privy, filed after POPR or expiration of the time to file POPR to the first petition - •Definition of "parallel petitions” as two or more petitions that challenge the same patent, filed by.

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TikTok Wins Partial Toss Of Chinese Co.'s IP Suit

IP Law 360

A California federal judge has granted TikTok's motion to dismiss many intellectual property claims against it by Chinese software company Beijing Meishe Network Technology but gave the plaintiff a chance to amend some of the claims.

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Unearthing the Truth: How Ambiguity Excavated a Win in False Advertising Claim

JD Supra Law

In a case that pitted two sellers of construction equipment against each other — I Dig Texas, LLC v. Creager — the U.S. Court of Appeals for the Tenth Circuit was tasked with excavating the truth behind claims of false advertising and copyright infringement. The court had to dig deep to determine whether there was a solid foundation for the allegations that I Dig Texas had built its profits on the back of Creager’s copyrighted photographs and whether I Dig Texas’s “Made in the USA” claims were.

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Ohio Deer Repellent Co. Hit With Trade Secrets Suit In NJ

IP Law 360

A New Jersey deer repellent company claims that an Ohio company, which was formerly a licensee, is stealing trade secrets by continuing to use its proprietary techniques and procedures after the licensing agreement lapsed.

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Unclean Hands Aren’t Just for Toddlers

JD Supra Law

In an action involving manufacturers of a self-sealing dining mat for toddlers, the US Court of Appeals for the Federal Circuit affirmed a district court’s finding that the defendants were barred from obtaining relief on their counterclaims under the unclean hands doctrine, thereby vacating the district court’s other findings on inequitable conduct, obviousness, attorneys’ fees and costs.

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