Mon.Jan 13, 2025

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3 Count: Moana Lawsuit

Plagiarism Today

Moana 2 sparks lawsuit against Disney, Travis Scott sued over Telekinesis and Meta trained its AI systems on pirated books. The post 3 Count: Moana Lawsuit appeared first on Plagiarism Today.

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Examining a Potential ‘Counterclaim Gap’ at the Unified Patent Court

IP Watchdog

In June 2023, as is widely known, more than 50 years of efforts to create a pan-European patent jurisdiction were finally successful and the Unified Patent Court opened its doors. Historically, there were two traditions within Europe, namely, the German principle of separation (often wrongly called also bifurcation), according to which infringement actions and nullity actions were separate and handled at different courts, and the otherwise prevailing principle of unity, according to which infrin

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Copyright Claims Board Tackles Joint Authorship

Plagiarism Today

The Copyright Claims Board has issued another final dertermination. This one looks at issues of joint authorship and joint ownership. The post Copyright Claims Board Tackles Joint Authorship appeared first on Plagiarism Today.

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ISP Huffs and Puffs Then Apologizes to 3 Little Piggies Over Pirate Downloads

TorrentFreak

So-called ‘three strikes’ anti-piracy schemes were once considered a cutting-edge response to P2P piracy. Also known as ‘graduated response’, a typical scenario would see rightsholders monitor BitTorrent swarms to capture participants’ IP addresses sharing their content illegally. Those IP addresses would then be reported to a friendly (or coerced) ISP for matching against subscriber records, as a prelude to ISP customer outreach.

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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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The Rising Threat of German Patent Litigation: Are You Ready?

JD Supra Law

The threat of German patent litigation is rising. Germany is second only to the United States in the number of patent infringement actions brought by non-practicing entities (NPEs), and with the ready availability of injunctive relief in Germany and the recent advent of the Unified Patent Court (UPC) creating competition among European courts for cases, the danger of German patent lawsuits cannot be ignored.

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CAFC Finds Bitcoin Miner’s Conversion Claim Preempted for ‘Patent-Like’ Language

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday, January 13, issued a precedential decision denying a state law conversion claim as being preempted by patent law and rejecting BearBox LLC owner Austin Storms bid to be named a sole or joint inventor on Lancium LLCs patent. U.S. Patent No. 10,608,433 is titled Methods and Systems for Adjusting Power Consumption Based on a Fixed-duration Power Option Agreement and is owned by Lancium, a software and tech company that provides pow

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SpicyIP Weekly Review (January 6 – January 12)

SpicyIP

Here is our recap of last weeks top IP developments including summaries of the posts on Lemleys and Hendersons paper on AI Terms of Use Restrictions, CGPDTM order on the removal of a patent agent, Delhi HC order on disclosure of a PhD and Public Interest Need in Personality Rights cases. This and a lot more in this weeks SpicyIP Weekly Review. Anything we are missing out on?

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What’s Trending in Trademarks: January 2025

JD Supra Law

Every month, Erises trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: USPTO Trademark Filing Fees Set to Increase in January 2025. Effective January 18, 2025, the U.S. Patent and Trademark Office is increasing trademark application and other fees.

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MissAV: One of the World’s Largest ‘Pirate’ Sites Targeted in Takedown Effort

TorrentFreak

Adult entertainment is massively popular online and there are many pirate sites that specialize in this niche. In Asia, Japan in particular, MissAV is the leading player. The site, which has a strong focus on uncensored Japanese Adult Videos (JAV), is listed among the 15 most-visited websites in the country. With over 300 million monthly visits, it’s also one of the most trafficked websites globally.

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Spotlight On: Biosimilar Litigations - January 2025

JD Supra Law

Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations between two biosimilar applicants/manufacturers are included. Litigations relating to disputes between two reference product sponsors, or non-practicing entities/universities and reference product sponsors are not included.

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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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USPTO Fee Increases: What Patent Applicants Need to Know for 2025

Larson & Larson

The United States Patent and Trademark Office (USPTO) has announced significant fee changes that will take effect on January 19, 2025. As a patent attorney, I want to highlight the key adjustments and their potential impact on patent applicants and strategies. General Fee Increases The USPTO is implementing an across-the-board fee increase of approximately 7.5% for most patent-related services.

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Copyright in Congress: 2024 Year in Review

Copyright Alliance

As usual, Congress considered a host of copyright issues in 2024. Most of these issues fall into one of three buckets: (1) Artificial Intelligence (AI); (2) Piracy; or (3) U.S. […] The post Copyright in Congress: 2024 Year in Review appeared first on Copyright Alliance.

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New Year’s Resolutions?: Intellectual Property Questions That May–Or May Not–Get Decided In 2025

JD Supra Law

As we head into a new year after a US election year, we are sure to see two things in the media, all kinds of articles on New Years Resolutions and all kinds of articles on what we can anticipate occurring in the inaugural year of the new administration.

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Stanford AI Expert Reamed For Erroneous AI-Generated Brief

IP Law 360

A Minnesota federal judge on Friday threw out an erroneous expert declaration prepared by a Stanford University expert on artificial intelligence in litigation over the state's law on deepfakes, finding that the fake, AI-generated sources in his declaration "shatters his credibility with this court.

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Some AI-Discovered Drugs Carry More IP Risks Than Others - Here's Why

JD Supra Law

AI is poised to revolutionize drug discovery, but uncertainty in developing protectable IP in this emerging field creates a host of potential risks for companies innovating in this space. Further complicating things: not all AI-assisted compounds are created equaland that extends to their patentability.

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Hytera Pleads Guilty To Stealing Motorola Trade Secrets

IP Law 360

Hytera Communications Corp. Ltd. pled guilty Monday to one count of conspiracy to steal trade secrets from Motorola Solutions relating to its digital mobile radios, avoiding a trial scheduled next month in Chicago federal court.

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A Less Than Five-Star Review: Judge Furman Grants Motion to Dismiss Finding Claims Directed to a Rating System to be Abstract

JD Supra Law

On January 3, 2025, District Judge Jesse M. FurmangrantedDefendant Trustpilot, Inc.s (Trustpilot) Motion to Dismiss Linfo IP, LLCs (Linfo) complaint alleging that Trustpilot directly and indirectly infringed U.S. Patent No. 9,092,428 (the 428 patent).Linfo IP, LLC v. Trustpilot, Inc.,No. 24-CV-2796 (S.D.N.Y. Jan. 3, 2025).

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Vimeo Defeats Recording Owners' DMCA Appeal At 2nd Circ.

IP Law 360

The Second Circuit said Monday it won't revive copyright claims from a group of music rights holders over lip-sync videos posted on Vimeo by its users, saying a safe harbor under federal copyright law protects the website.

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Better Late Than Never: DOD Amends DFARS Implementing SBIR/STTR Data Rights, What it Means for Small Business

JD Supra Law

On December 18, 2024, the Defense Department (DOD) issued its Final Rule (Rule) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the data rights portions of the Small Business Administrations (SBA) Small Business Innovation Research (SBIR) Program and Small Business Technology Transfer (STTR) Program Policy Directive (the Policy Directive).

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Justices Urged To Uphold 'Sanctity' Of $11M Patent Verdict

IP Law 360

The Federal Circuit disrespected "the sanctity of jury verdicts" when ordering a jury to revisit Provisur Technologies' $10.5 million willful infringement award, the company told the U.S. Supreme Court in a new petition.

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Patent Poetry: Second Circuit Upholds Ed Sheeran’s Win in Copyright Case

JD Supra Law

The Second Circuit has upheld a lower courts decision that musician Ed Sheeren didnt infringe the copyright for Marvin Gayes 1973 song Lets Get It On. In 2014, Defendants-Appellees Ed Sheeran and Amy Wadge wrote the romantic ballad Thinking Out Loud. It topped global music charts and became one of the most-streamed songs in history,.

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Microsoft, Patent Firm Ramey Lose Dueling Sanctions Bids

IP Law 360

A Texas federal judge denied dueling sanctions motions Monday in a post-litigation spat between Microsoft and prolific patent firm Ramey LLP, holding that neither party met the standard to win disciplinary fees from the other.

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Intellectual Property Client Alert - Intellectual Property Fees

JD Supra Law

Please take note that the U.S. Patent and Trademark Office (USPTO) will increase the following patent and trademark fees effective January 18, 2025.

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Fed. Circ. Told Google Making Up 'New Rules of Evidence'

IP Law 360

A smart-home energy startup says Google and its supporters are trying to use a Federal Circuit appeal in a $20 million patent case to "craft entirely new rules of evidence out of whole cloth.

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Acuitas Sues GSK Seeking Declaratory Judgment of Invalidity and Non-Infringement of mRNA Vaccine Patents

JD Supra Law

As we previously reported, in April of last year, GlaxoSmithKline Biologicals SA and GlaxoSmithKline LLC brought a lawsuit against Pfizer and BioNTech in the District Court for the District of Delaware, alleging that the COVID-19 vaccine, Comirnaty, infringed five of their U.S. patents directed to mRNA vaccine technologyspecifically, U.S. Patent Nos. 11,638,693; 11,638,694; 11,666,534; 11,766,401; and 11,786,467.

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IPRs Aren't 'Voluntary,' Dish Tells Justices In Fee Fight

IP Law 360

Dish Network LLC is kicking up a fight at the U.S. Supreme Court over the question of whether filing petitions at the Patent Trial and Appeal Board is "voluntary" or not, in a bid to get "exceptional" plaintiffs to pay for litigation costs there.

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PTAB/USPTO Update - January 2025

JD Supra Law

After stepping down as Director of the USPTO in mid-December, Kathi Vidal rejoined the litigation department at Winston & Strawn LLP. Derrick Brent, formerly Deputy Director, is currently Acting Director of the USPTO. It is unclear when the new Administration will nominate a new Director and how long a confirmation process will take.

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Sunoco Wants More From Butane Blending Infringement

IP Law 360

Sunoco told a Federal Circuit panel that a Delaware jury vastly undervalued its patented system for blending butane with gasoline when it awarded just $12 million in damages for infringement by Magellan Midstream and its joint venture, claiming the district court unfairly excluded its expert's analysis, driving the undercount.

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Prior Art Asserted in Second Petition Should Have Been Asserted in the First

JD Supra Law

The PTAB denied institution of a second inter partes review (IPR) petition filed by Aylo Freesites (Petitioner) after having previously instituted inter partes review of Petitioners first petition related to the same patent owned by DISH Technologies (Patent Owner). Applying the General Plastic factors, the PTAB was unpersuaded by Petitioners attempts to justify the two staggered petitionsnotably, the PTAB found that the challenged claim sets had significant overlapping subject.

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NC Judge Rebuffs Redo In Pool Co.'s $16M False Ads Trial

IP Law 360

A North Carolina federal court said Monday it did not err in letting a Chinese pool parts supplier's American rival introduce evidence that its "Made in the USA" claims misled customers, denying the companya do-over on a false advertising and unfair business practices trial that resulted in a $16 million judgment against it.

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AI News Roundup – AI at CES 2025, New Biden AI chip export rules receive backlash, New York ponders state-level AI regulation, and more

JD Supra Law

To help you stay on top of the latest news,ourAI practice grouphascompiled a roundup of the developments we are following.

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Fed. Circ. Mulls ITC Domestic Industry Rule In Lashify Case

IP Law 360

A Federal Circuit panel on Monday questioned the U.S. International Trade Commission's holding that sales and marketing activities by eyelash extension company Lashify weren't enough to allow it to prevail in a patent suit, with one judge saying the ITC's reading "makes no sense.

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Visiting Mexico Made Me Wonder…Are the Works of Diego Rivera and Frida Kahlo in the Public Domain (Answer: It Depends)

Hugh Stephens Blog

Image: Museo del Arte Moderno, Mexico City This is the time of year when Canadians find a desperate need to escape, from rain, sleet, snow and hail. They head for sunnier climes further south.

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Ozempic Maker Says Atlanta Clinic Misuses TM To Sell Meds

IP Law 360

Novo Nordisk, the pharmaceutical company that makes weight loss drugs Ozempic, Rybelsus and Wegovy, filed suit against an Atlanta anti-aging treatment center in Georgia federal court Friday, alleging trademark infringement, false advertising, unfair competition and deceptive trade practices.

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What Went Wrong and How to Fix the Patent System

IP Watchdog

My conversation this week with John White was much like any number of conversations we have had over the years over dinner or drinks. What prompted me to ask John to speak with us this week was an article he recently wrote, which we published on IPWatchdog. It was styled as an open letter to Elon Musk and Vivek Ramaswamy, the incoming co-leaders of the soon-to-be Department of Government Efficiency.

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