Wed.Jun 12, 2024

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3 New and Interesting Cases Before the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board is about to turn two. As such, we're taking a look at three new and interesting cases being heard by it. The post 3 New and Interesting Cases Before the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 261
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Plex Cracks Down on Media Server ‘Hacks’

TorrentFreak

Plex is a multifunctional media software and service that allows users to easily access all of their entertainment in one place. Whether movies, music, TV shows, or photos, Plex can organize and index, making the content ready to stream on a wide variety of supported devices. Plex can be used for curating home videos or enriching purchased media with metadata, for example, which can be stored on the media server.

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3 Count: VFX Settlement

Plagiarism Today

VFX company settles with Paramount, Japanese mayoral candidate accused of infringing copyright and Strike 3 has filed 132 cases in Hawaii. The post 3 Count: VFX Settlement appeared first on Plagiarism Today.

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USPTO Strikes Expanded Paneling Option from New PTAB Operating Procedure

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today announced that it has updated its Patent Trial and Appeal Board (PTAB) Standard Operating Procedure (SOP 1) on “Assignment of Judges to Panels.” The 16th revisions to SOP 1 deletes a section on “expanded panels,” among other changes. According to the USPTO’s announcement, the revision “aligns with recently updated Paneling Guidance, Standard Operating Procedure 4, and Director Review procedures.

Trademark 115
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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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Effect of Non-Registration of a Partnership Firm

IP and Legal Filings

INTRODUCTION According to the Partnership Act of 1932, a partnership is a connection involving two or more people who decide to split the earnings made from operating a business. These people are known as partners and are called as a “firm” when they are all called as such. Although the Companies Act of 2013 requires registering, the Partnership Act has no such need for partnerships companies.

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The shopping dead (Best of 2016)

Likelihood of Confusion

Originally posted 2016-12-20 14:56:14. Republished by Blog Post Promoter Originally posted March 21, 2016. Says Pamela Chestek, of the Property, intangible® blog: I haven’t written about “zombie” or “heritage” marks in a long time. So when she does, we don’t want to miss it! Here’s the story. As usual, I copy copiously from Pamela, who doesn’t […] The post The shopping dead (Best of 2016) appeared first on LIKELIHOOD OF CONFUSION™.

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Biggest IPTV Piracy Trial in U.S. History Underway and Already Controversial

TorrentFreak

Almost half a decade ago, eight Las Vegas men were indicted by a grand jury for conspiring to violate criminal copyright law via two IPTV services, Jetflicks and iStreamitAll. The indictment accused the defendants of reproducing tens of thousands of copyrighted TV shows without authorization, and distributing that content to tens of thousands of paid subscribers across the United States.

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Hytera Tried 'End Run' Around Court's Power, Motorola Says

IP Law 360

Hytera Communications should not be able to get around an antisuit injunction that forced it to end Chinese litigation addressing mobile radio trade secrets, Motorola Solutions told the Seventh Circuit on Tuesday, arguing that Hytera must be stopped from doing an "end run" around the American case against it.

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FTC Warns Pharma Companies It Means Business with Its Orange Book Listing Policy

JD Supra Law

Policy differences are endemic in politics, and the phrase "causing more heat than light" regarding federal drug policy comes readily to mind listening to the rhetoric coming from the Federal Trade Commission in this regard. The FTC is infamous for its uncontrolled venom towards industries they believe with religious fervor to be charging consumers prices higher that the FTC thinks they should be.

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Comedy Central and Bobby Moynihan Prevail in Manatee Melee

Copyright Lately

Repeat after me: You can’t copyright the idea of an animated talking manatee. From the legal system that brought us “ Banana Meets Duct Tape ” and “ 101 Pooping Puppies Too Many ” comes “Dude, You Stole My Manatee!,” the latest ill-advised plunge into the murky waters of the idea-expression dichotomy. The sea creature at the center of this marine mishap is “ Jukebox Manatee ,” an animated talking manatee with a laid-back attitude and a human girlfriend who “suffers misfortunes as a comment

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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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[Audio] SCOTUS applies the "discovery rule" in timely copyight infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL

JD Supra Law

Music and Trademark lawyer Tamera Bennett and TV and Film lawyer Gordon Firemark discuss: Warner Chappell v. Nealy SCOTUS opinion and the impact of the “discovery rule” in copyright infringement cases and SCOTUS denying cert in Hearst Newspapers LLC v. Martinelli. In X Corp v. Bright Data-Data Scraping state law claims were preempted by copyright law.

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Amneal, Aided by FTC, Succeeds in Getting Teva Patents Removed from Orange Book

IP Watchdog

In a significant ruling, the United States District Court for the District of New Jersey has ordered that Teva’s inhaler patents were improperly listed in the Food and Drug Administration’s (FDA) Orange Book, supporting Amneal’s claims that the patents did not cover key drug formulations. The case is centered around Teva’s New Drug Application (NDA) for the ProAir HFA inhaler.

Patent 64
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Leveraging AI Generators for Consumer Engagement: Considerations for Brands

JD Supra Law

A survey by Billion Dollar Boy revealed that brands experienced more positive consumer engagement with generative AI content than traditional content. Brands utilizing AI generators may gain a competitive edge, but it's crucial to address potential legal concerns.

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Jones Robb PLLC is Seeking an Attorney/Patent Agent

IP Watchdog

Jones Robb is seeking registered patent attorneys or patent agents for full- or part-time remote opportunities. Responsibilities include preparing and prosecuting domestic and international patent applications, including strategic patent portfolio development, and other patent-related counseling, including opinions and post-grant projects.

Patent 64
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U.S. Senate AI Working Group Publishes AI Policy Roadmap

JD Supra Law

On May 15th, after nearly a year of study, the Bipartisan U.S. Senate AI Working Group released its Roadmap for Artificial Intelligence (AI) Policy in the United States Senate. Based on insights collected during three educational Senate AI briefings, several committee hearings, and nine AI Insight Forums held in 2023, the Working Group identified several areas of consensus that it believes warrant bipartisan consideration of AI policy and legislation.

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You can build a lot with LEGO – But also your own design law?

The IPKat

Designs are meant to protect the appearance of the whole or a part of a product. In order to minimize the overlap with technical IP rights, no protection is granted for designs whose appearance is solely dictated by their technical function ( Art. 8(1) Community Design Regulation (‘CDR’)) or where the appearance is necessary to connect two products ( Art. 8(2) CDR ).

Designs 60
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Strategies for ITC Success: Insights from the Client Perspective

JD Supra Law

In a recent presentation featuring Uma Everett, Director at Sterne Kessler, and Dallin Glenn, General Counsel at BTL Industries, Inc., we discussed strategies for succeeding in an ITC investigation, focusing primarily on the critical preparation needed before filing a complaint. Here are some highlights on best practices before filing an ITC action.

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Fed. Circ. Affirms PTAB Ax Of Slide-To-Unlock Patent

IP Law 360

The Federal Circuit has quickly disposed of an appeal over an administrative board ruling that wiped out language in a patent asserted in a small Swedish smartphone company's litigation against Apple and Samsung over claims its founder was the first to develop a "slide to unlock" feature.

Patent 59
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South Carolina’s New NIL Law and What it Means for Collegiate Athletes in the State

JD Supra Law

On Tuesday, May 21, 2024, South Carolina Governor Henry McMaster signed bill H. 4957 into law after it was approved unanimously by state lawmakers earlier in the year. Similar NIL (“Name, Image, and Likeness”) bills to H. 4957 have already passed in Arkansas, Texas, Oklahoma, and Colorado.

Law 66
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Microsoft Faces EDTX Patent Suit Over AI Supercomputer

IP Law 360

Microsoft has been hit with a patent infringement lawsuit in the Eastern District of Texas over its artificial intelligence supercomputer by a business led by a German lawyer who once ran the patent licensing outfit IPCom.

Patent 59
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How Should Businesses Implement Artificial Intelligence Tools, Legally

JD Supra Law

Business leaders, from CEOs to CIOs to project managers, are rapidly adopting generative artificial intelligence tools to transform their organizations, harnessing technology to drive efficiency, streamline processes, and enhance operational capability.

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Copyright case: RJ Control Consultants, Inc. v. Multiject, LLC, USA

Kluwer Copyright Blog

The testimony was properly excluded—and without it, the software company could not prevail on its copyright claims. A Detroit federal court correctly found that a software designer moved too late to introduce expert testimony supporting the copyrightability of its source code, the U.S. Court of Appeals for the Sixth Circuit has held. The court, in affirming the district court’s grant of summary judgment to two companies accused of purloining the software designer’s product, also agreed with the

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Patent Case Summaries | Week Ending June 7, 2024

JD Supra Law

EcoFactor, Inc. v. Google LLC, No. 2023-1101 (Fed. Cir. (W.D. Tex.) June 3, 2024). Opinion by Reyna, joined by Lourie. Opinion dissenting in part by Prost. EcoFactor sued Google for infringement of a patent related to the operation of smart thermostats in computer-networked HVAC systems. Prior to a jury trial, Google moved for summary judgment that the asserted claim was patent ineligible under 35 U.S.C. § 101.

Patent 63
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Courts Are Rejecting Attempts to Weaponize Laws That Protect Consumer Reviews

Technology & Marketing Law Blog

In 2014, California enacted AB2365 , sometimes called the “Yelp law,” codified at Cal. Civil Code 1670.8. The law prohibits businesses from suppressing consumer reviews (on Yelp or elsewhere). Its main substantive terms: (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services

Law 69
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The Pitfalls of Proprietary Information: Boeing Hit With $72M Trade Secrets Verdict  

JD Supra Law

Zunum Aero, Inc. v. The Boeing Company et al., No. 2:21-CV-00896-JLR, (W.D. Wash. May 30, 2024) - A Washington jury recently issued a $72 million verdict in favor of Zunum Aero Inc. (“Zunum”), a now-defunct aerospace startup, against The Boeing Company (“Boeing”) for willful and malicious misappropriation of trade secrets, breach of a nondisclosure agreement (“NDA”), and tortious interference.

IP 61
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USPTO Updates PTAB Review, Assignment Procedures

IP Law 360

The U.S. Patent and Trademark Office has finalized its rule governing how draft Patent Trial and Appeal Board decisions will be distributed within the agency, and has updated its policy for assigning cases within the PTAB, according to a Wednesday notice in the Federal Register and agency statement, respectively.

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Patent Office Issued 277 Patents to Indiana Entities in April 2024

Indiana Intellectual Property Law

The U.S. Patent Office issued the following 277 patents to persons and businesses in Indiana in April 2024: Patent Number Patent Title US 11970448 B2 Monomers capable of dimerizing in an aqueous solution, and methods of using same US 11970512 B2 Amphotericin B derivatives with improved therapeutic index US 11974197 B2 Method and system for distributed management of remote transmitters interacting with mobile devices US 11971407 B2 Detection of anti-

Patent 52
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'83 Wolfpack Suit May Throw NIL Peace For A Loop

IP Law 360

As the NCAA cheered a settlement aimed at marshaling payments to athletes for their names, images and likenesses last week, experts say a new suit from one of college basketball's most historic teams illustrates the shortcomings of a hasty effort to right past wrongs.

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How RightFind Can Support Teams with EU MDR Submissions

Velocity of Content

Since the 2021 updates to European medical device regulatory submission guidelines, ­­it’s become more important than ever for cross-functional teams to tightly coordinate their efforts to comply with regulatory requirements. To this end, teams should start preparing regulatory documentation as early as possible to help ensure a successful European Union Medical Device Reg­­­ulation (EU MDR) submission.

Designs 52
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Apple Gets PTAB To Cut Some Voice Recognition IP Claims

IP Law 360

The Patent Trial and Appeal Board has invalidated the vast majority of claims in a series of Zentian Ltd. patents related to voice recognition technology but upheld some claims in challenges from Apple and Amazon.

IP 52
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Pending En Banc Petitions at the Federal Circuit

Patently-O

by Dennis Crouch The Federal Circuit recently decided the en banc design patent case of LKQ v. GM, but the court has not issued an en banc decision in a utility patent case since 2018. There are currently four interesting petitions pending before the court. Brumfield Rehearing Petition Edwards LifeSci Rehearing Petition Salix Rehearing Petition Luv N’ Care, Rehearing Petition Brumfield – Consistency and Proving International Damages : The Federal Circuit panel affirmed the district

Art 53
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Samsung Competitor Can't Get Quick Win On Laches Claim

IP Law 360

Mojo Mobility couldn't convince a Texas federal magistrate judge to recommend it get partial summary judgment in its suit accusing Samsung of infringing wireless charging patents, rejecting Mojo's attempt to stake the decision on part of the patent prosecution process.

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Precedential No. 12: TTAB Rejects Sovereign Immunity Claim in Opposition to Virginia College System Marks

The TTABlog

In this opposition to registration of the mark MOUNTAIN GATEWAY COMMUNITY COLLEGE for educational services and various clothing items, Applicant Virginia Community College Systems moved for summary judgment, asserting that the Board lacked subject matter jurisdiction due to state sovereign immunity. The Board denied the motion, ruling that sovereign immunity does not apply to opposition proceedings.

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House IP Panel Eyes Transparency For Litigation Funders

IP Law 360

A congressional committee on Wednesday began discussing whether to require more transparency of third-party litigation funding agreements to stem what lawmakers say are abusive patent lawsuits and national security concerns if hostile foreign governments meddle with cases anonymously.

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Sour Grapes: Big Media Lobby Wants to Squash the New Collective Responsible For Administering Google’s $100 Million Online News Act Money

Michael Geist

Late last month, I wrote about the behind-the-scenes battle over the selection of a collective to administer and allocate Google’s annual $100 million to news outlets as part of its Bill C-18 deal with the government. I reported that there were two proposals: the Online News Media Collective, a big media consortium led by News Media Canada (NMC), the Canadian Association of Broadcasters (CAB), and the CBC, which was pitted against the Canadian Journalism Collective , a proposal spearheaded by a