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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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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Trending Sources

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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.

Copyright 149
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2025 BakerHostetler IP Perspectives

JD Supra Law

To describe the rise of artificial intelligence (AI) as rapid is a vast understatement. From its ubiquitous presence assisting us in our most mundane daily tasks to its warm embrace by business leaders eager to revolutionize their industries, AI is pervasive and so are its pitfalls. Indemnification provisions and enforcement are expected to shift significantly as organizations adapt to related legal changes for creators, manufacturers, distributors and users.

IP 68
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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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Enforcing Criminal Remedies Against IP Infringement in India: A Long Road to Justice?

SpicyIP

In a recent order, a Mumbai Magistrate Court acquitted the accused in a copyright infringement case after 37 years! Discussing this and other similar instances, SpicyIP Intern Aditi Agrawal writes on the state of affairs in enforcing criminal remedies against copyright infringement allegations. Aditi is a final-year B.A., LL.B (IPR Hons.) student at The ICFAI University, Dehradun.

IP 64
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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.

IP 70

More Trending

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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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Trust Issues- When Secrets Come with a Commercial Price: Analyzing Cigma Events Private Limited v. Deepak Gupta & Ors

SpicyIP

Discussing the Delhi High Court’s clarification regarding the economic value of the information to qualify as confidential information, SpicyIP Intern Bharathwaj Ramakrishnan explains the Court’s finding in Cigma Events v. Deepak Gupta. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed here.

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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).

IP 65
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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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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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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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Bloody good outcome for Impossible Foods as EPO Board of Appeal revives patent for vegan meat substitute (T 0425/23)

The IPKat

In recent years, theres been a lot of innovation to develop alternatives to animal-based food products. Unsurprisingly, such efforts to create and market new products have been accompanied by plenty of IP disputes, from the EUIPOs refusal to register a trade mark for vegan bacon to the EPOs consideration of the plausibility of a patent for vegan cheese.

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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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AI and Content: The 2024 Trend that Wasn’t and the Related Opportunity that Exists

Velocity of Content

This articleoriginally appeared in The Scholarly Kitchen. Given the onslaught of stories about AI, it should not be surprising that reporting of trends will sometimes miss the mark. For example, last year there was a reported trend arguing that training materials used for AI were disappearing. This was advanced by a preprint entitled Consent in Crisis: The Rapid Decline of the AI Data Commons , and was then picked up by outlets such as The New York Times.

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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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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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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.

Patent 62
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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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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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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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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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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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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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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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Three Takeaways from the Initial Determination at the ITC Regarding Standard Essential Patents in the 1380 Investigation

JD Supra Law

On January 8, 2025, Administrative Law Judge (ALJ) Cameron Elliot issued a public version of the Initial Determination (ID) in Certain Video Capable Electronic Devices, Inv. No. 337-TA-1380 brought by Complainant Nokia. While this ID is still subject to Commission review, below are three key takeaways from the opinion as it relates to standard essential patents and defenses based on fair, reasonable, and non-discriminatory (FRAND, RAND, F/RAND) licensing practices.

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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.

Patent 52
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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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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.

Patent 52
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Spotlight On: Lantus® / Lantus® SoloSTAR® (insulin glargine recombinant) / Basaglar® (insulin glargine) / Semglee® (insulin glargine) / Rezvoglar™ (insulin glargine-aglr) - January 2025

JD Supra Law

Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under 102, 103, or both.

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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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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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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.

Patent 52
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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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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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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.