Wed.Aug 21, 2024

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Philippine Vice President Accused of Plagiarizing Children’s Book

Plagiarism Today

Philippine Vice President Sara Duterte is being accused of plagiarism in a children's book the government is looking to distribute. The post Philippine Vice President Accused of Plagiarizing Children’s Book appeared first on Plagiarism Today.

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The Role of Trademarks in Erik’s Favorite Legal Movie

Erik K Pelton

Erik describes how his favorite comedy movie uses the power of a trademark to win a trial in this episode. The post The Role of Trademarks in Erik’s Favorite Legal Movie appeared first on Erik M Pelton & Associates, PLLC. Erik describes how his favorite comedy movie uses the power of a trademark to win a trial in this episode.

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3 Count: Isn’t it Ironic?

Plagiarism Today

Shein files lawsuit against Temu, extension for bypassing paywalls removed from GitHub and judge tosses George Santos' lawsuit. The post 3 Count: Isn’t it Ironic? appeared first on Plagiarism Today.

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Webtoon Targets 170+ Pirate Domains Through DMCA Subpoena

TorrentFreak

Launched two decades ago, Webtoon Entertainment has established itself as one of the prime hosting platforms for short digital comics. Partly owned by the South Korean company Naver , Webtoon rode the popular ‘webtoon’ wave all the way to the Nasdaq exchange, where it got a listing this summer. With millions of creators on board, and roughly 170 million active monthly users, the webtoon company is seen as a growth story.

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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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Legal Battles Over AI and Copyright: Emerging Trends in Intellectual Property Disputes

JD Supra Law

As artificial intelligence (AI) technology advances, it brings with it complex legal challenges, particularly in the realm of intellectual property (IP). Recent high-profile legal disputes have brought to the forefront the contentious issue of how copyrighted materials are used in training AI models. These cases are reshaping the landscape of IP law and AI development, highlighting the need for clearer regulations and guidelines.

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Falling between the cracks: The challenges of patent strategy for stem cell therapies (T 1259/22)

The IPKat

Cell therapy is a highly innovative therapeutic strategy that uses living cells to combat disease. Cell therapy strategies include stem cells for tissue regeneration and repair, immune cells engineered to combat cancer and genetically edited cells for the treatment of genetic disorders. Drug products composed of populations of living cells are vastly more complex than a small molecule or even antibody therapeutic, and the field faces substantial challenges, not least of which is developing proce

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Call for Papers: Trends in Intellectual Property Research Vol. II, Issue II [Submit by November 30, 2024]

SpicyIP

We’re pleased to announce that Trends in Intellectual Property Research (TIPR) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume II, Issue II). The last date for submissions is November 30, 2024. For further details, please read the journal’s call for papers below: Call for Papers: Trends in Intellectual Property Research [Vol.

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No Requirement to Raise All Arguments in Rehearing Request

JD Supra Law

The Federal Circuit in Voice Tech Corp. v. Unified Patents, LLC, No. 2022-2163 (Fed. Cir. Aug. 1, 2024) (Lourie, Chen, and Cunningham), affirmed the PTAB’s determination that claims of Voice Tech Corp.’s (“Voice Tech”) U.S. Patent No. 10,491,679 (“the ’679 patent”), which covers technology for controlling a computer via a mobile device using voice commands, were obvious.

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Law Firms Should Move From Reactive To Proactive Marketing

IP Law 360

Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

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Court Issues Nationwide Injunction Against FTC’s Noncompete Ban

JD Supra Law

As of yesterday afternoon, employers across the country that utilize noncompete agreements may breathe a sigh of relief, as Judge Ada Brown beat her self-imposed deadline of August 30, 2024 and ordered an end to any enforcement of the Federal Trade Commission’s (“FTC”) Noncompete Rule.

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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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Photographer, De La Hoya Co. End Lennox Lewis Pic Bout

IP Law 360

A photographer who sued a promotion business owned by boxer Oscar de la Hoya for using a picture of Lennox Lewis without his permission has reached a settlement, according to a letter sent to the New York federal judge overseeing the case.

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The Vifor Case: Disparagement Reloaded?

JD Supra Law

On July 22, 2024, the European Commission (EC) accepted commitments proposed by Vifor Pharmaceuticals to address disparagement concerns under Article 102 TFEU. This is the EC’s first pure disparagement case and its second investigation into disparagement practices in the pharmaceutical industry. The only other ongoing investigation into disparagement, concerning Teva Pharmaceuticals, is still underway, though its conclusion is much anticipated given that it will address the alleged misuse of.

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Texas Court Bars FTC’s Non-Compete Ban Nationwide

IP Watchdog

Following a decision in July in which U.S. District Judge Ada Brown of the Northern District of Texas granted a preliminary injunction for global tax service provider Ryan LLC against the Federal Trade Commission’s (FTC) final rule banning non-compete provisions in U.S. employment contracts, the court has now set aside the FTC’s rule nationwide.

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Is Your Data AI-Ready?

JD Supra Law

Organizations of all sizes are asking legal teams to go beyond pure legal risk management and compliance, be more cost-efficient, and manage more cases involving more volumes and more and emerging data sources.

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A Trade Secret Case Study: Application of ‘Res judicata’ Across the U.S. Federal and State Court Systems

IP Watchdog

There are two court systems in the United States—the federal court system and the local court system in each state. The federal court system and the state court system each have their own jurisdiction, but they are not completely independent of each other. Some cases are only under the jurisdiction of the federal court, such as patent cases; some cases are only under the jurisdiction of the state court, such as contract cases; and some cases may be under the concurrent jurisdiction of both the f

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Your Trade Secret IP Stands Between You and Your Competition. The Impending September 4, 2024 FTC Rule Would Ban Most Non-Competes. Has the FTC Taken Away One of Your Reasonable Steps to Protect Your Trade Secrets? Not So Fast.

JD Supra Law

*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets exist, by definition, only if the owner takes reasonable measures to maintain their secrecy. This is true under the Federal, State and Uniform Trade Secret Acts.

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TTAB Reverses Section 2(d) Refusal of NAMASTE COUTURE BY APRIL STOLF over NAMASTE for Jewelry

The TTABlog

The Board reversed a Section 2(d) refusal of the mark NAMASTE COUTURE BY APRIL STOLF , finding confusion unlikely with the registered mark NAMASTE , both for jewelry. The Board found the registered mark to be weak in view of numerous third-party uses, and the two marks more dissimilar than similar. However, it upheld the Office's requirement that the applicant disclaim the word COUTURE.

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AI Inventorship: Navigating Patent Rights Around the Globe

JD Supra Law

Recently, the United States Patent and Trademark Office (USPTO) released proposed guidelines addressing the complex issue of AI inventorship. The PTO is not the only agency attempting to tackle this issue; jurisdictions across the globe have been grappling with whether AI-generated inventions are patentable without any human intervention. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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11th Circ. Affirms Toss Of Banana Wall Art Copyright Suit

IP Law 360

The Eleventh Circuit affirmed an Italian artist's win over a pro-se copyright lawsuit from California-based artist Joe Morford concerning art pieces the two made that both incorporate duct-taped fruits, holding they were not "strikingly similar.

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A Certification Mark May Be Famous for Any Reason and May Connote More Than the Product’s Place of Origin

JD Supra Law

Before Lourie, Clevenger and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Fame and likelihood of confusion analyses must thoroughly consider all relevant factors and evidence, including the potential for consumer confusion in related markets.

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Deference to District Courts: Federal Circuit’s New Approach to Venue Transfer Petitions

Patently-O

by Dennis Crouch In a recent order, the Federal Circuit denied Apple’s petition for a writ of mandamus seeking yet again to transfer a patent infringement case from the Western District of Texas (Judge Albright) to the Northern District of California. In re Apple Inc. , 24-129 (Fed. Cir. 2024). Albright Transfer Denial Apple Mandamus Petition Apple Mandamus Resonant’s Opposition Apple Mandamus Reply Brief Federal Circuit Mandamus Denial Background : In June 2023, Resonant Systems, In

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Selected Recent Developments for Public Companies

JD Supra Law

Public companies should take note of several recent developments, including: Reversal of the Pegasystems trade secrets lawsuit that nevertheless preserves guidance to take care when describing litigation as “without merit”.Recent Delaware law changes that provide flexibility for stockholder agreements establishing corporate governance requirements but also some uncertainty.Increased SEC focus on disclosures related to artificial intelligence.Trends in risk factor disclosures.

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U.S. District Court Dismisses Copyright Lawsuit Against Kimmel, ABC For Cameo Clip Segment

IP Watchdog

On Monday, the U.S. District Court for the Southern District of New York granted a motion to dismiss a copyright infringement suit involving a popular late-night talk show. The lawsuit, filed by former U.S. House of Representatives member George Santos, alleged that Jimmy Kimmel, the executive producer and host of Jimmy Kimmel Live!, infringed upon copyrighted material when using multiple Cameo videos made by Santos.

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Attaching Confidential Settlement Agreement to Complaint Serves as Basis for Counterclaim

JD Supra Law

Trade secret and contract claims often travel together. For example, a failed collaboration that involved the exchange of confidential information may result in the disclosing party alleging that the recipient both misappropriated trade secrets and breached the parties' confidentiality agreement. Because of the close relationship between such claims, this Holland & Knight blog post discusses a contract case involving confidentiality, even though trade secrets do not seem to be implicated.

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Positive Aspects of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

IP and Legal Filings

INTRODUCTION At a cursory glance, the much-awaited IT rules are likely to seem appropriate, but an in-depth study of the same provides a clear image of the underlying intricacies. However, let us first consider the positive aspects of these rules, then we would delve deep into the challenges and the unaddressed issues. GRIEVANCE REDRESSAL MECHANISM In order to ensure adherence to the delineated code of ethics, the rules lay down a three-tier grievance redressal mechanism primarily based on self-

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Artificial Intelligence Platforms and Copyright law: is the Legal Belt Tightening?

JD Supra Law

The decision by a U.S. court to continue deliberating the major lawsuit filed by several visual artists against Generative Artificial Intelligence platforms could call into question how these platforms can operate without infringing on the copyright of works that were used to “train” them. By: Barnea Jaffa Lande & Co.

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Fed. Circ. Won't Rethink IP Safe Harbor Case

IP Law 360

The Federal Circuit on Wednesday declined to review its decision affirming the dismissal of Edwards Lifesciences' infringement suit against Meril Life Sciences after Edwards urged the full court to narrow its interpretation of a U.S. Food and Drug Administration safe harbor that essentially allows patent infringement during drug development.

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[Webinar] Energy Transition: Leveraging Intellectual Property - September 4th, 12:00 pm - 1:00 pm CT

JD Supra Law

Join Eric Klein and Paige Wright as they speak on “Energy Transition: Leveraging Intellectual Property.” The energy industry is experiencing massive transformation as incentives grow to invest in green technologies. This presentation adds perspective to the swift and ongoing energy transition and provides valuable insight into how companies can leverage intellectual property to further their business goals and establish a lead in the changing energy market.

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RTX Wants Trade Secrets Trial Closed To 'Non-US Persons'

IP Law 360

Defense contractor RTX is fighting with a manufacturer over whether a trade secrets trial next week over the design of a mechanical bearing used in the U.S. military's "StormBreaker" bomb should be closed off to all "non-U.S. persons.

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Selective Readings of Cellect: Federal Circuit Carves out First Exception to Burgeoning Double Patenting Challenges

JD Supra Law

Last year, the Federal Circuit surprised many observers of patent law in In re Cellect LLC, 81 F.4th 1216, 1228–29 (Fed. Cir. 2023) when—for the first time—it affirmed a U.S. Patent & Trademark Office decision cancelling an earlier filed patent for “obviousness-type” double patenting (“ODP”) over a series of later filed patents in the same family.

Patent 63
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AT&T, Verizon, T-Mobile Accused Of Blocking Wi-Fi Calling

IP Law 360

A patent holding company said Wednesday it has filed a lawsuit accusing AT&T, Verizon, T-Mobile and Deutsche Telekom of blocking the emergence of a market for Wi-Fi calling by tying the service to voice and text offerings.

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The Importance of Prong Two of Step 2A for AI inventions

JD Supra Law

Under the direction of President Biden’s executive order on artificial intelligence (AI), the United States Patent and Trademark Office (USPTO) issued a guidance update on the subject matter eligibility analysis “to promote clarity, consistency, and address innovation in AI and critical and emerging technologies.”. By: Baker Botts L.L.P.

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Full 3rd Circ. Won't Hear Distillery Investor's RICO Case

IP Law 360

An investor in a Pennsylvania craft distillery who accused his former business partner and a bevy of associates of racketeering, fraud and trade secret violations has failed to persuade a Third Circuit panel or the full court to take another look at his arguments about reviving the dismissed case.

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Emphasizing Context in Claim Construction

Patently-O

by Dennis Crouch In Neonode Smartphone LLC v. Samsung Electronics Co., Ltd. , the Federal Circuit has reversed Judge Albright’s holding that claims of Neonode’s US8095879 are invalid as indefinite. No. 2023-2304 (Fed. Cir. Aug. 20, 2024) (non-precedential). The appellate panel concluded that Albright failed to properly consider the full context of the intrinsic record, particularly the prosecution history.

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USPTO Argues Not All New Rules Call For Public Comments

IP Law 360

The U.S. Patent and Trademark Office told the U.S. Supreme Court that forcing the agency to solicit public comments before instituting a new home address requirement for registering trademarks would be too much work.