Wed.Dec 04, 2024

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Japan Plans AI Pilot Program to Fight Manga & Anime Piracy

TorrentFreak

With the arms race between pirate sites and rightsholders showing no obvious signs of cooling down, the online piracy landscape is becoming increasingly complex. The existing toolbox of legal measures, such as action against domain names, site-blocking, search engine penalties, even whole-site deindexing, has led to the emergence of a new breed of shape-shifting, measure-evading, pirate sites.

Privacy 114
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When Should Plagiarism Disappear?

Plagiarism Today

Following a plagiarism scandal in a popular magazine, an anticipated manga has been removed from distribution. Is that what's best? The post When Should Plagiarism Disappear? appeared first on Plagiarism Today.

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MP3.to Successfully Challenges Music Industry’s ‘False’ DMCA Circumvention Takedown

TorrentFreak

In recent years, music industry groups have become increasingly concerned by tools that allow users to download MP3s from online streaming services, including YouTube. These so-called ‘stream-rippers’ violate the DMCA’s anti-circumvention provision; they argue. This position resulted in thousands of circumvention takedown requests, which prompted Google to remove millions of stream-ripper URLs from its search engine.

Music 103
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3 Count: Settling Rumors

Plagiarism Today

Stereophonic settles lawsuit with memoir authors, Australian real estate databases fight over copyright and JadooTV case finally ends. The post 3 Count: Settling Rumors appeared first on Plagiarism Today.

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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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California's New Generative AI Law – What Your Organization Needs to Know

JD Supra Law

California is making waves with its new AI law, Assembly Bill 2013 (AB 2013), set to take effect in 2026. This groundbreaking legislation (again) puts the state at the forefront of tech regulation by tackling one of AI's biggest challenges: the "black box" problem. AB 2013 demands transparency, requiring AI companies to disclose detailed information about the data they use to train their generative models, shedding light on a previously hidden layer of machine learning.

Law 84
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CAFC Delivers Win for Meta in Precedential Decision

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today affirming a district court’s grant of summary judgment of non-infringement for Meta/Facebook against claims by Mirror Worlds Technologies that Facebook’s Timeline and Newsfeed features infringed three of its data storage patents. U.S. Patent Nos. 6,006,227; 7,865,538; and 8,255,439 are directed to “methods for storing, organizing, and presenting data in time-ordered streams (i.e., in a chronological man

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Media Bloggers Legal Defense Project

Likelihood of Confusion

Originally posted 2009-11-05 20:39:49. Republished by Blog Post PromoterA while ago the Media Bloggers Association set up a stable of attorneys “to provide MBA members with first-line counsel on matters relating to the use of intellectual property, defamation and other issues arising from their weblogging.” Looks like they got a real crackerjack guy to take […] The post Media Bloggers Legal Defense Project appeared first on LIKELIHOOD OF CONFUSION™.

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The Madness of Amazon’s Song Royalty Refund Demand

The Trichordist

Phonorecords III is the gift that keeps on giving. Amazon is breaking long-standing industry practice and demanding that publishers cut Amazon.a check for supposed "overpayments" in the Phonorecords III royalty "true down".

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Fed. Circ. Judge Condemns 'Nonsense' Law In Antibody Fight

IP Law 360

U.S. Circuit Judge Todd Hughes called the Federal Circuit's case law on interpreting preambles in patent claims "nonsense" on Wednesday, expressing frustration as a panel tried to work through whether Xencor Inc.'s antibody patent application was too broad.

Law 97
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Documents required for filing a design patent application in China

JD Supra Law

According to Article 27 of the Chinese Patent Law, where a patent application for a design is filed, documents such as a request, drawings or photographs of the design and a brief description of the design shall be submitted.

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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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Novartis Fails To Stop Generic Drug Release At Fed. Circ.

IP Law 360

Novartis could not persuade Federal Circuit judges to grant an injunction Wednesday protecting its blockbuster heart failure medication from facing generic competition, with the appeals court backing a Delaware federal judge's opinion that it was unlikely that one of the generic drug's ingredients is "amorphous.

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Availability of Willfulness and/or Indirect Patent Infringement Claims without Pre-Suit Knowledge: A District Court Survey

JD Supra Law

The tests for willful and indirect (both inducement and contributory) patent infringement require a finding by the court that the alleged infringer had prior knowledge of infringement of the at-issue patent.

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Fed. Circ. Sinks Patent Fight Over Intel's CPU Chips

IP Law 360

The Federal Circuit on Wednesday rubber-stamped a ruling out of Delaware federal court that cleared Intel of allegations that the chipmaker infringed patents by a University of Maryland professor who purportedly developed an important idea in the world of "parallel computing" in 2006.

Patent 52
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PTAB Refuses to Ignore Reference Where Patent Owner Fails to Overcome Prima Facie Evidence of ‘Different Inventive Entity’

JD Supra Law

The Patent Trial and Appeal Board determined that a reference could be used as prior art because patent owner failed to provide sufficient evidence that the prior art’s disclosure was invented by all four named inventors, and thus the same “inventive entity,” as the challenged claims.

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Intel, VSLI Agree To Pause Del. IP Fight Ahead Of Texas Trial

IP Law 360

Prodded by a federal judge in Delaware, Intel Corp. and VLSI Technolgoy LLC agreed Wednesday to stay motions to dismiss or transfer an Intel Corp. suit over claims that it already holds licenses to patents that VSLI asserts it controls, as a similar patent battle moves forward in Texas.

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Business Owners: Beware of Scams and Solicitations

JD Supra Law

For years, federal trademark and patent application owners have been the target of scammers seeking payment for services that are neither required nor provided. Recently, however, it appears that scammers are finding new ways to collect data and unnecessary payments from owners of state registered businesses.

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Withers IP Partners Hop To Sullivan & Worcester

IP Law 360

Sullivan & Worcester LLP has said the Boston firm picked up a team of five intellectual property lawyers, including two partners, from Withers who have expertise in filing patents and working on deals for biotech startups.

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Building Bridges: How Patent Pathways is Shaping a Diverse IP Future

JD Supra Law

In this episode of the Knobbe IP+ podcast, Knobbe Martens Chief Diversity & Talent Development Officer Terra Davis speaks with guest Elaine Spector, Harrity & Harrity partner and Advisory Board Member to the non-profit Patent Pathways. Terra and Elaine discuss the transformative work Patent Pathways is undertaking to create a pipeline of diverse candidates entering the intellectual property field through data, partnerships, and mentors.

IP 62
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Fleetwood Mac Producer, Playwright Settle IP Dispute

IP Law 360

A producer of the 1977 Fleetwood Mac album "Rumours" and the author of the play "Stereophonic" have resolved claims that the Broadway show infringed copyrighted material from a memoir about making the record, according to a filing in New York federal court.

IP 52
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USPTO Finalizes Fee Hikes and New Fees for 2025: Key Tips for Patent Applicants

JD Supra Law

The USPTO announced a set of finalized fee increases and new fees to take effect on January 19, 2025. The changes to the USPTO’s fees in 2025 add significant new fees for filing continuing applications (including continuation applications, divisional applications, and continuation-in-part applications) 6+ years after the priority date ($2,700 for undiscounted entities) or 9+ years after the priority date ($4,000 for undiscounted entities).

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Penn State Eyes Ban, Atty Fees After Trial Win Against Retailer

IP Law 360

The Pennsylvania State University has asked a federal court in the Keystone State to permanently block an online retailer and its owner from selling merchandise that a jury found infringed the university's trademarks, and said it is entitled to attorney fees from the "serial infringers.

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The Corporate Transparency Act Under Fire

Cogency Global

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction preventing FinCEN from enforcing the Corporate Transparency Act (CTA).

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Fed. Circ. Sends UC System LED Patent Claims Back To PTAB

IP Law 360

The Federal Circuit on Wednesday found that the Patent Trial and Appeal Board has to partially rethink its finding that claims in a filament LED light bulb patent owned by the University of California system were too obvious to warrant patent protection.

Patent 52
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Copyright Liability for LLM Outputs

Velocity of Content

The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC).

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Meta Persuades PTAB To Ax 2 Earphone Patents

IP Law 360

The Patent Trial and Appeal Board has found that Meta was able to show that every claim in a pair of earphone patents owned by Eight kHz is invalid, holding they are too obvious.

Patent 52
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Unconventional Trademarks: Balancing Innovation and Legal Challenges in a Competitive Landscape

Intepat

Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. These encompass non-visual and non-traditional marks such as sounds, scents, tastes, colours, textures, shapes, and motions.

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JSR Wins As Fed. Circ. Axes Cytiva Antibody Isolation Patents

IP Law 360

In a precedential opinion, the Federal Circuit held Wednesday that all the claims that JSR Corp. challenged in three Cytiva Bioprocess antibody isolation patents are invalid as obvious, backing the Patent Trial and Appeal Board's invalidation of many claims while reversing its decision to uphold others.

Patent 52
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European Copyright Society Opinion on CJEU MIO/konektra cases

Kluwer Copyright Blog

Yesterday, the European Copyright Society (ECS) published its Opinion on the CJEU MIO/konektra cases C- 580/23 and C-795/23 (originality and infringement test of works of applied art). The Executive Summary is reproduced below and the full Opinion is available here: ecs-opinion-mio-konektra.pdf Executive summary Background. In Cofemel, the CJEU recognized that (i) the standard test of originality, first adopted in Infopaq, applies as much to works of applied art as other works but nevertheless i

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Fed. Circ. Backs NY Judge In Freeing Meta From Patent Suit

IP Law 360

The Federal Circuit on Wednesday wouldn't revive a software company's suit claiming Meta Platforms Inc. infringed patents on digital data storage and organization, agreeing with a decision that the evidence couldn't back a finding that the Meta features at issue covered all parts of the patent claims.

Patent 52
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What to Expect After the USPTO Sunsets their After Final Consideration Pilot 2.0 on December 14

IP Watchdog

The United States Patent and Trademark Office’s (USPTO’s) After Final Consideration Pilot 2.0 (AFCP 2.0) has been a staple of after-final practice for patent prosecutors since its inception in 2013, offering applicants the opportunity to enter a broader range of amendments following a final rejection than permitted under traditional after-final practice.

Patent 102
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Ace Hardware Looks To Nail Screw-Selling Rival Over TM Use

IP Law 360

Ace Hardware Corp. said Tuesday that a home improvement chain sharing the Ace name is watering down its decades of name recognition and goodwill while creeping in on Ace's turf and leading confused consumers astray.

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Rera Explained: What A Real Estate Buyer Needs To Know Before Buying His Dream Home.

IP and Legal Filings

A wise person will always think of saving his hard earned money, so why do you risk your money like gambling money before knowing about RERA. RERA approval provides legal recognition to any real estate which is very future safe and protects from legal proceedings in future. According to the RERA Act of 2016, any real estate project, whether commercial or residential in nature, if the total area to be developed is not less than 500 square meters or the number of apartments to be built in any phas

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Amazon, Stanley Tumbler Maker Sue Alleged Counterfeiters

IP Law 360

Amazon and the maker of the popular "Stanley" tumbler are suing several marketplace vendors in Washington federal court, accusing them of peddling counterfeit drink ware in the e-commerce platform's latest legal push to crack down on brand-stealing sellers.

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Update on Pending Denosumab BPCIA Litigations

JD Supra Law

There are four pending BPCIA litigations brought by Amgen against biosimilar companies seeking to market denosumab biosimilars. Two of the four cases are pending in the District Court for the District of New Jersey before Judge O’Hearn: Amgen Inc. et al. v. Celltrion, Inc., No. 1:24-cv-06497-CPO-EAP (D.N.J.), filed on May 28, 2024, and Amgen Inc. et al. v.

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Litigation Inspiration: Reframing Document Review

IP Law 360

For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.