Thu.Jan 23, 2025

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The Backlash Against AI Accusations

Plagiarism Today

Two articles highlight a growing concern among students and schools alike: How to address students believed to have used AI improperly. The post The Backlash Against AI Accusations appeared first on Plagiarism Today.

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UGG(H), My Business Needs to Change its Name –A Cautionary Tale for International Trademark Strategy

JD Supra Law

A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the Australian brands holding company in the US District Court for the Northern District of Illinois, alleging that it has prior rights to UGG in the United States.

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3 Count: Rally Cat Case

Plagiarism Today

OpenAI says India has no jurisdiction over them, Taylor Swift's lawyers change tactics and UVM sued over rally cat design. The post 3 Count: Rally Cat Case appeared first on Plagiarism Today.

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Dragons' Den IP Blog - Series 22 Episode 3

Dragons' Den

Based on my own experience, a viewer can be taken on a roller coaster ride of reactions when tuning in to the adrenalin in the Den, but I dont think even the Dragons were prepared for the emotional rush when they heard the first of this weeks entrepreneur stories. It was both humbling and inspirational. Made in Ukraine with love and bravery Ukrainian Yana Smaglo arrived in Leeds two years ago, finding help through the UKs refugee hosting programme.

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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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2024 Design Patents Year in Review: Analysis & Trends

JD Supra Law

As we predicted in our 2023 report, 2024 was a banner year for design rights in the U.S. and elsewhere. In last years report, we noted that the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed to consider en banc whether the long-standing design patent obviousness test required modification. As you will see in this years report, the court did not modify it instead, it threw more than 30 years of design jurisprudence out the window and adopted a new (but old) test.

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Federal Circuit (Again) Upholds Ravgen’s Fetal DNA cffDNA Patent

Patently-O

by Dennis Crouch In a January 22, 2025 decision, the Federal Circuit once again maintained validity of Ravgen's fetal DNA testing patent. Its new decision also provides some important guidance on standing requirements for appealing IPR decisions. Streck, Inc. v. Ravgen, Inc. , No. 2023-1989 (Fed. Cir. Jan. 22, 2025). This companion case to the recent LabCorp decision addresses similar issues regarding both patentability and procedural requirements.

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Consent Process for Professional Corporations and LLCs in New York - Cogency Global

Cogency Global

What this is : In New York State, the Education Department's Office of the Professions requires professional entities, such as Professional Corporations (PCs) , Professional Limited Liability Companies (PLLCs) and Limited Liability Partnerships (LLPs), to obtain consent before they can be formed. This process ensures compliance with state laws governing regulated professions like medicine, law, engineering and accounting.

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Vimeo’s Fleeting Interaction With Videos Doesn’t Negate Safe Harbor Protections

JD Supra Law

The US Court of Appeals for the Second Circuit affirmed a district courts decision, granting Vimeo qualified protection under the Digital Millennium Copyright Act (DMCA) safe harbor provision. Capitol Records, LLC v. Vimeo, Inc., Case Nos. 21-2949(L); -2974(Con) (2d Cir. Jan. 13, 2025) (Leval, Parker, Merriam, JJ.) This case addresses, for the second time, whether Vimeo had red flag knowledge of the defendants copyrighted works under the DMCA.

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UK Court Says Aldi’s Lookalike Packaging Amounts to Unfair Advantage

IP Watchdog

On January 20, the United Kingdoms Court of Appeal issued a ruling in Thatchers Cider Co. Ltd. v. Aldi Stores Ltd. expected to have major impacts on the availability of lookalike products in British supermarkets. In Thatchers, the Court of Appeal reversed a ruling by the Intellectual Property Enterprise Court (IPEC) dismissing trademark infringement claims filed by Thatchers over competing brands of cloudy lemon cider sold by German supermarket chain Aldi.

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Navigating Pharmaceutical Patent Settlements and Reverse Payments: Key Takeaways from the FTC’s Latest MMA Reports

JD Supra Law

On January 16, 2025, the Federal Trade Commission (FTC) Bureau of Competition published four reports on pharmaceutical patent settlement agreements filed under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) for fiscal years 2018-2021. The last time the FTC published this type of report was in December 2020, covering fiscal year 2017.

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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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TTAB Reverses Section 2(d) Refusal of FITO for Seeds Due to Dissimilarity of Marks and 13th DuPont Factor (Strategic Partners)

The TTABlog

The Board reversed a refusal to register the mark FITO in stylized form (below left) for, inter alia , unprocessed edible seeds, finding confusion unlikely with the word-and-design mark shown below right, for several kinds of seeds, including plant seeds. The Board deemed the marks "significantly dissimilar" under the first DuPont factor and gave the applicant the benefit of Strategic Partners under the thirteenth factor.

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IP Alert: Federal Circuit Addresses Inventorship and Conversion Claim from Industry Summit

JD Supra Law

On January 13, in BearBox LLC v. Lancium LLC, the Federal Circuit addressed issues related to inventorship and state law conversion claims that stemmed from exchanges between two individuals, Mr. Storms and Mr. McNamara, at an industry summit. The court dismissed the conversion claim brought by Mr. Storms, finding it to be preempted by federal patent law.

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IP in the Octagon: Saving Live Sports from Digital Piracy

IP Watchdog

The evolution of content distribution has been both a boon and a bane for the entertainment industry. From physical formats like CDs and DVDs to digital streaming over satellite, fiber-optic networks, 5G, and Wi-Fi, the rapid technological advancements have brought unmatched convenience to viewers. The shift feels seamless: connect a smart TV to Wi-Fi, and the days of waiting for the cable guy are over.

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AI For Patent Drafting in 2025

JD Supra Law

Can AI be used to draft a patent application? The answer is complicated. The capabilities of AI have been advancing very rapidly, which seems to suggest that it could be possible. For example, at the end of 2024, a leap forward was made when AI researchers discovered the idea of test-time compute (TTC), or the basic idea that the quality of AI outputs can be improved by letting large language models (LLMs) think longer before arriving at an answer.

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Think, McFly! 'Back To The Future' Writer Says No Apple Theft

IP Law 360

The co-writer of "Back to the Future" suggested to a California federal jury Thursday that an independent filmmaker suing Apple and acclaimed director M. Night Shyamalan for copyright infringement should make like a tree and get out of the courtroom because her film bears no resemblance to the Apple TV+ show, "Servant.

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2024 Design Patents Year in Review: Analysis & Trends: Design Patents Year in Review - Federal Circuit Appeals: A Very Big Decision in an Otherwise Quiet Year

JD Supra Law

The majority of 2024 was a quiet year for design patent cases at the Court of Appeals for the Federal Circuit. The court issued five opinions involving U.S. design patents: one Rule 36(a) affirmance, two decisions involving litigation misconduct, one affirmance of an Examiners (and Boards) rejection, and one en banc decision that overturned more than 40 years of obviousness case law.

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'Bad Spaniels' Toy Dilutes, Doesn't Infringe Jack Daniel's TM

IP Law 360

A "Bad Spaniels" dog toy parodying Jack Daniel's iconic whiskey bottle does not infringe trademark rights but does dilute the whiskey maker's trademarks and trade dress, an Arizona federal judge ruled Thursday, following the U.S. Supreme Court's ruling that the First Amendment does not shield the toy's maker.

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Protecting and Enforcing Your Trade Secrets in a Global Economy

JD Supra Law

In the interconnected, global business environment, trade secret information regularly crosses international boundaries, and trade secret misappropriation can occur anywhere in the world. Trade secret holders should thus familiarize themselves with the legal tools that can help protect and enforce their trade secrets worldwide.

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New York State Consent Process for Professional Corporations and LLCs

Cogency Global

Entities practicing within certain professions must register as a professional corporation (PC) or a professional LLC (PLLC) in order to do business in New York State. The post New York State Consent Process for Professional Corporations and LLCs appeared first on Cogency Global.

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Trade Secrets: What You Should Know From 2024 to Prepare for 2025

JD Supra Law

Summary - Trade secrets remain crucial to companies around the world, preserving their most sensitive and valuable information. From energy to healthcare to agriculture, companies in every industry seek to better develop, protect and enforce their trade secrets and prevent unfair competition.

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Jump Trading Says Ex-Worker Stole IP For Blockchain Startup

IP Law 360

High-frequency trading firm and blockchain technology developer Jump Trading has filed a complaint seeking a preliminary injunction against a former software developer it claims is using Jump Trading's intellectual property to launch a competing project.

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Untwisting the Fixation Requirement: Flexible Rules on Moveable Sculptures

JD Supra Law

The US Court of Appeals for the Ninth Circuit reversed and remanded a district courts dismissal of a claim of copyright infringement for kinetic and manipulable sculptures, finding that movable structures were sufficiently fixed in a tangible medium for copyright purposes. Tangle, Inc. v. Aritzia, Inc., et al., Case No. 23-3707 (9th Cir. Jan. 14, 2024) (Koh, Johnstone, Simon, JJ.).

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Ryanair's 'Piracy' Jury Win Over Booking.com Gets Undone

IP Law 360

A federal judge has decided that Ryanair failed to show that Booking.com made enough money scraping flight data from the discount Irish airline to justify a verdict in its favor, overturning a jury verdict out of Delaware last year that found the website broke computer fraud laws.

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The Road Ahead: The USPTO Launches Five-Part Artificial Intelligence Strategy

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) debuted its 2025 Artificial Intelligence Strategy (AI Strategy) policy on Jan. 14, 2025, outlining its vision for using and promoting the development of artificial intelligence (AI) technology. In light of the evolving nature of the USPTOs AI policies, it is important for stakeholders to understand the agencys planned initiatives and how they may impact patent strategy going forward.

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Know Your MLC: Highest Compensated Employees 2023 #TheReup

The Trichordist

The party is going strong at the MLC!

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Summary of the USPTO Artificial Intelligence Strategy (January 2025)

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) has announced its strategy for addressing important issues at the intersection of artificial intelligence and intellectual property rights. Although primarily concerned with the direction the USPTO is setting for itself with respect to these issues, the strategy document also provides direction for companies that interact with the USPTO.

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What Nearshoring Growth In Americas Means For Patents

IP Law 360

With the new U.S. administration potentially focused on implementing draconian trade restrictions, nearshoring in the Americas is expected to grow, and patent prosecution attorneys will be kept on their toes as the patent landscape from country to country continues to evolve, says Ernest Huang at Procopio.

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Jury Awards $452 Million After Trade Secrets Trial

JD Supra Law

On December 3, 2024, a U.S District Court for the District of Massachusetts jury awarded Plaintiff Insulet Corporation $452 million in compensatory and punitive damages after finding Defendants willfully misappropriated Insulets trade secrets. Insulet Corp. v. EOFlow Co. Ltd., et al., Case No. 1:23-cv-11780 (D. Mass.).

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Nike Says Defamation Allegations Must Go In $60M TM Fight

IP Law 360

Nike moved this week to stop a Los Angeles-based company that says it once collaborated with the sportswear giant on custom sneakers for celebrities and athletes from moving forward with a defamation counterclaim against Nike's $60 million trademark lawsuit.

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The Precedent: Bitmanagement Software GmbH v. United States

JD Supra Law

In this edition ofThe Precedent, we outline the recent federal circuit decision inBitmanagement Software GmbH v. United States(Fed. Cir. Jan. 7, 2025).

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Netflix, Litigation Funder Fight Over Docs In Subpoena Row

IP Law 360

Intellectual property strategy service AiPi LLC says it has been abiding by an order to produce documents relating to patent litigation against Netflix, while the streaming giant says "AiPi's attempt to appear reasonable is contrivance.

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D.C. Circuit Court of Appeals Vacates the Confidential Business Rule under TSCA

JD Supra Law

The D.C. Circuit Court of Appeals vacated a portion of the Confidential Business Information rule (CBI) in the Toxic Substances Control Act (TSCA) regulations as the panel of judges found it unlawfully allows for the unwanted disclosure of chemical manufacturers' trade secrets.

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Maxell Can't Recharge Battery Patents At Fed. Circ.

IP Law 360

Japanese consumer electronics outfit Maxell lost another appeal Thursday over its setbacks at the Patent Trial and Appeal Boardin its fight with a major Chinese rival in the lithium-ion battery market.

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Complex or Not Written Description Is Evaluated Against Claims

JD Supra Law

The US Court of Appeals for the Federal Circuit reversed a district courts ruling of invalidity for lack of written description, finding that the district court erred in its analysis of written description because patents must be evaluated based on the claims themselves, not on their construction. In re Entresto, Case No. 23-2218 (Fed. Cir. Jan. 10, 2025) (Lourie, Prost, Reyna, JJ.).

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Ex-J&J Exec Accused Of File Theft Has Died, Court Told

IP Law 360

A former competitive strategy director for Johnson & Johnson accused of stealing confidential files when he left the company to work for Pfizer has died, according to a court filing.