Tue.Jul 16, 2024

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3 Count: AI Transparency

Plagiarism Today

US Senators propose new AI legislation, Vietnam convicts three streaming pirates and Indian actor sued over music used in a film. The post 3 Count: AI Transparency appeared first on Plagiarism Today.

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Great Trademarks are Everywhere, You Just Have to Looks (Building a Bold Brand Chapter 3)

Erik K Pelton

The following is an edited transcript of my book video Building a Bold Brand Chapter 3: Bold Brands are Everywhere. Bold brands, great trademarks, memorable logos, and witty slogans are all around us. They can be found anywhere in any field of business. While it may take less effort or time to come up with a descriptive or common name for a business, such a name is a lost opportunity.

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Vietnam Convicts Pirate Site Operators; a Rare Case Completed in Record Time

TorrentFreak

The double threat of some of the world’s largest pirate sites operating from Vietnam, yet limited opportunity to conduct robust enforcement actions to turn that situation around, remains a constant source of frustration for overseas rightsholders. Hollywood’s opinion on what needs to be done wouldn’t be any more clear if its submissions to the USTR were written in all caps then underlined.

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USPTO Updates Eligibility Guidance for AI: ‘We Want to Accelerate AI Innovation Without Locking it Up’

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) announced today that it has updated its Subject Matter Eligibility Guidance to more directly address emerging technologies, specifically artificial intelligence (AI). The guidance also includes three new and detailed examples using hypothetical claims to address common situations, such as “whether a claim recites an abstract idea or whether a claim integrates the abstract idea into a practical application.

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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 Data Behind Enterprise AI Adoption

JD Supra Law

In recent years, the adoption of generative artificial intelligence tools by enterprises has accelerated at a remarkable pace. The rapid integration of AI technologies is transforming various industries, promising enhanced efficiency, innovation, and competitive advantage. However, the swift deployment of generative AI also brings potential risks, particularly concerning legal teams tasked with navigating this new landscape.

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Serving In The National Guard Makes Me A Better Lawyer

IP Law 360

My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

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These Firms Have the Most Diverse Equity Partnerships

IP Law 360

Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

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Trade Secrets Protection in India – A Legal Vacuum and the Imperative for Robust Legislation

IP and Legal Filings

Introduction: As the world continues to globalise borders remain sheer depiction of sovereign powers and does not act as a hurdle to business and trade. Businesses are no longer prone to just domestic competition; they now compete with international competition as well. In such competitive atmosphere there are narrow margins separating businesses. In such cases there are some factors that essentially set the company apart, such factor has to be kept confidential and requires protection.

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The 2024 Diversity Snapshot: What You Need To Know

IP Law 360

Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

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Virtual Tug-Of-War: The Importance of Clarifying Ownership of Branded Social Media Accounts

JD Supra Law

Social media has revolutionized the ways in which brands target and market to consumers and the value of successful social media pages has become increasingly recognized, resulting in disputes over the ownership of these “assets.”.

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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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IP Finance is One Form of IP Monetization; Both are Alive, Well and Evolving

IP Close Up

IP backed securitizations or loans, commonly known at IP finance, rely on the ability of issuers like financial institutions to accurately value intangible assets, such Continue reading

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New Tech, Old Theories: The DOJ Antitrust Division's Workshop on Artificial Intelligence

JD Supra Law

On May 30, 2024, the DOJ’s Antitrust Division hosted a workshop for global antitrust authorities, academics, financiers, and private sector representatives to discuss competition across the AI stack, potential threats AI poses to content creators, and AI regulation. Attendees included, e.g., Jonathan Kanter (DOJ), Doha Mekki (DOJ), Susan Athey (DOJ), Karen Croxson (CMA), Vera Jourova (EC), Condoleezza Rice (Stanford), Andrew Ng (DeepLearning.AI), Chris Wolf (VMware), Venky Ganesan (Menlo.

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NetChoice Decision Hints at Key AI Questions Ahead

IP Watchdog

The United States Supreme Court recently ruled in a pair of cases (Moody v. NetChoice, LLC, 603 U.S. _ (2024)) regarding the constitutionality of laws pertaining to moderation of content on social media platforms. While the cases were reversed and remanded largely on procedural grounds, and the statutes at issue allegedly pertain to social media platforms, vagaries in statutory drafting, the Court’s analysis, and the recent integration of artificial intelligence (AI) into social media platforms

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Artificial Intelligence and the Patent Application Process: A Synopsis of the Potential Benefits and Risks

JD Supra Law

The use of artificial intelligence ("AI") tools in the patent application process gives rise to a vast array of risks and opportunities for intellectual property ("IP") practitioners and society at large. IP practitioners have used computer tools to research and prepare patent applications for years. By: Ward and Smith, P.A.

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UPC Knocks Out Amgen's Cholesterol Drug Patent

IP Law 360

The Unified Patent Court on Tuesday ruled that Amgen's patent covering the cholesterol drug Repatha isn't valid in the European Union, less than a year after justices on the U.S. Supreme Court made a somewhat similar call on U.S. patents covering the same drug.

Patent 59
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Affaire Servier : la Cour de justice de l’Union censure l’arrêt du Tribunal et lui renvoie la balle

JD Supra Law

Le 27 juin 2024, le laboratoire pharmaceutique Servier – qui, entre 2005 et 2007, avait conclu plusieurs accords transactionnels en matière de brevets impliquant des paiements inversés avec des génériqueurs (Niche/Unichem, Matrix, Teva, Lupin et Krka) – a largement perdu son combat contre la Commission européenne (la « Commission »). A la suite de pourvois contre l’arrêt du Tribunal de l’Union européenne (le « Tribunal ») du 12 décembre 2018 introduits par la plupart des parties concernées (en.

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Columbia U. Aims To Keep $600M Patent Win Over Norton

IP Law 360

Columbia University has urged the Federal Circuit to preserve its $600 million willful patent infringement judgment against NortonLifeLock Inc., telling the court that Norton's "kitchen-sink" appeal "raises a slew of issues, hoping something will stick" and challenging Quinn Emanuel's appeal of a civil contempt ruling as "baseless and, ultimately, academic.

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Latest Federal Court Cases - July 2024 #2

JD Supra Law

Natera, Inc. v. NeoGenomics Laboratories, Inc., Appeal Nos. 2024-1324, -1409 (Fed. Cir. July 12, 2024) In its only precedential patent opinion last week, the Federal Circuit affirmed a preliminary injunction that largely prohibits the use, manufacture, or sale of NeoGenomics’ “RaDaR” assay for cancer remission, and agreed that Natera had shown a likelihood of success on its claim that RaDaR had infringed its U.S.

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Tuesday Tiddlywinks

The IPKat

Not sleeping obviously: Thinking about IP instead During summer, most things (rightly) slow down to give room for sunshine, sunbathing, and outdoor activities. However, money is not the only thing that never sleeps. Unlike Kats , IP never sleeps either! Take a look at current and future IP-related activities below, and do not forget to regularly check The IPKat Events page.

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Warner Chappell Music, Inc. v. Nealy: Plaintiffs Can Recover Damages for Timely Claims of Copyright Infringement Dating Back More Than Three Years Before Filing Suit

JD Supra Law

On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter when the infringement occurred.

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5th Circ. Hands Loss To Canadian Standards Group In IP Fight

IP Law 360

A split Fifth Circuit panel said a lower court improperly gave a win to the Canadian Standards Association in a copyright suit over electrical codes, telling the lower court to give a win to P.S. Knight Co. Ltd. in the case.

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[Webinar] Trademark Trends: A Mid-Year Review - July 17th, 1:00 pm - 2:00 pm EDT

JD Supra Law

Join Sterne Kessler’s Global Trademark & Brand Protection team for our mid-year review webinar, when we will take a closer look at the latest developments in trademark law. From recent court decisions to industry-trends, our speakers will share valuable insights to help you navigate an evolving trademark landscape. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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USPTO Provides Guidance On AI And Patent Eligibility

IP Law 360

The U.S. Patent and Trademark Office on Tuesday unveiled guidance for when inventions involving artificial intelligence are eligible for patents, saying the guidelines are aimed at "providing further clarity and consistency" on the issue.

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Judge Furman Declines to “Pink Slip” Infringement Lawsuit Against Work Management Tool Company

JD Supra Law

On June 21, 2024, Judge Jesse M. Furman (S.D.N.Y.) denied Monday.com Ltd. (“Monday”)’s motion to dismiss a complaint for patent infringement by plaintiff Michael Philip Kaufman. See Kaufman v. Monday.com Ltd., 23-CV-5864 (June 21, 2024).

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Tesla Says Chinese Co. Sells 'Dangerous' Charging Adapter

IP Law 360

Tesla said on Monday that a Chinese company sells a "dangerous" charging adapter that lets owners of non-Tesla electric vehicles charge at its network, saying in a suit filed in California federal court that the device could injure consumers and damage the power infrastructure.

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USPTO Issues AI Subject Matter Eligibility Guidance

JD Supra Law

The USPTO has published updated patent eligibility guidance (effective July 17, 2024) for AI-related inventions to help determine subject matter eligibility under 35 § U.S.C. 101. This guidance is timely as roughly 20% of all recent patent filings are AI related. It is important to note that based on prior guidance from February 2024, if an AI tool itself invents something, that is not patentable.

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Skechers Targets LL Bean's Slip-On Shoes In IP Suit

IP Law 360

Privately held Maine retailer and lifestyle brand L.L. Bean Inc. is facing a lawsuit that accuses it of selling slip-on shoes that infringe heel design patents owned by footwear multinational Skechers USA Inc.

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Money Talks: Trade Secret’s New Extraterritorial Reach 

JD Supra Law

Motorola Sols., Inc. v. Hytera Commc'ns Corp. Ltd., No. 22-2370, 2024 WL 3268954 (7th Cir. July 2, 2024) - The Seventh Circuit has opened the flood gates by allowing trade secret owners to recover damages for foreign sales of products using misappropriated trade secrets. On July 2, 2024, the Seventh Circuit affirmed a district court’s decision that the Defend Trade Secrets Act (“DTSA”) applied extraterritorially, allowing the plaintiff to recoup $407.4 million in damages from worldwide sales.

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Fed. Circ. OKs Judge Connolly's Fine Against IP Biz Owner

IP Law 360

A precedential ruling from the Federal Circuit on Tuesday found that Delaware's top judge has the right to fine a Texas paralegal who is the sole owner of patent litigation outfit Backertop Licensing LLC $200 a day for refusing to show up in court as part of the judge's investigation into whether Backertop and others hid their connection to big-name intellectual property consulting firm IP Edge.

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Independent Inventor Pitfalls: Incorrect Inventorship And Why You Should Correct It

JD Supra Law

Naming a person who is not a proper inventor on your non-provisional patent application can be a costly, time-consuming error to fix, and if not fixed ultimately results in an invalid patent. Typically, time and money are two things that are in short supply for an independent inventor, or a small business.

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Squishmallows' Build-A-Bear IP Suit Not Just Fluff, Court Says

IP Law 360

The Build-A-Bear Workshop toy company can't escape claims that its Skoosherz stuffed toys infringe the trade dress and copyright of Kelly Toys' popular Squishmallows, a California federal judge ruled, saying the complaint plausibly alleges substantial similarities between the two plushie brands.

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Patent Poetry: Federal Circuit Invalidates Remote Gambling Patents

JD Supra Law

The Federal Circuit has affirmed a federal district court’s dismissal of patent infringement suits involving patents for remote gambling, because it found the subject matter not eligible for a patent.

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SiriusXM Must Face Suit Over $150M In Unpaid Royalties In NY

IP Law 360

A Virginia federal judge has agreed to let Sirius XM move nonprofit royalty collector SoundExchange's suit to New York federal court, but refused to let it entirely escape claims that it owes more than $150 million in unpaid royalties.

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CCC Pioneers Collective Licensing Solution for Content Usage in Internal AI Systems

Velocity of Content

CCC announced today the availability of AI re-use rights within its Annual Copyright License, an enterprise-wide content licensing solution offering rights from millions of works to businesses that subscribe. The inclusion of AI re-use rights makes the ACL the first-ever collective licensing solution for the internal use of copyrighted materials in AI systems.

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Fed. Circ. Rejects APA Challenge To PTAB Panel Makeups

IP Law 360

The Federal Circuit on Tuesday affirmed the Patent Trial and Appeal Board's invalidation of Arbor Global Strategies' processor module patent claims, shooting down the company's position that the board violated the Administrative Procedure Act when making its decision.

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