Tue.Jan 14, 2025

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YouTuber Has Song Stolen, Her Original Copyright Claimed

Plagiarism Today

A Youtuber famous for her folk metal covers of famous songs had one of her tracks stolen and her original work copyright claimed. The post YouTuber Has Song Stolen, Her Original Copyright Claimed appeared first on Plagiarism Today.

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How the U.S. Compares to Europe on Biosimilar Approvals and Products In the Pipeline – Updated January 13, 2025

JD Supra Law

Biosimilars, once a niche segment in the pharmaceutical industry, are now making a significant impact on global healthcare. These products are highly similar to an already-approved reference product, offering a more affordable treatment option without compromising on safety or efficacy. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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3 Count: Vimeo Victory

Plagiarism Today

Vimeo wins appeal in the Second Circuit, UK plans to make copyright more AI-friendly and the Supreme Court declines attorneys' fee case. The post 3 Count: Vimeo Victory appeared first on Plagiarism Today.

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A Look Ahead: Key Intellectual Property Legal Developments in 2024 - and What to Expect in 2025

JD Supra Law

From potential legal challenges to Chinese biopharma supply chains, Europes new Unified Patent Court (UPC), landmark decisions in life sciences, pharmas Orange Book listings, design patent rejections, and likely shifts at the USPTO, 2024 provided plenty of important and often global changes and clarifications in intellectual property law. By: Wolf, Greenfield & Sacks, P.C.

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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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USPTO Presents AI Strategy as AI Patent Applications Soar by 33%

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today released an official Artificial Intelligence Strategy aimed at outlining the challenges faced by the Office both internally and externally, as the reach of AI impacts all aspects of innovation and society. According to the report, AI-related patent applications are up 33% since 2018 and appeared in 60% of all technology subclasses in 2023.

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The Commercial Potential – and Practical Challenges – of Marketing OTC Drugs With ‘Additional Conditions for Nonprescription Use’

JD Supra Law

The Food and Drug Administrations (FDA or Agency) final rule on Additional Conditions for Nonprescription Use (ACNU) paves the way for some drugs that are currently available only with a prescription to switch to OTC where a patient satisfies certain conditions.

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[Audio] Can My Band Cover Another Famous Song? — No Infringement Intended Podcast

JD Supra Law

In this episode, Rusty Close and Austin Padgett discuss what happens when one band wants to record another band's song and the special rules of copyright that go along with it. They explore the copyright owner's control over who can copy, distribute, and perform their work, as well as the issue of royalties. No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture.

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‘Notorious’ Pirate IPTV Service MagisTV Applies for US Trademark and Rebrands

TorrentFreak

Pirate streaming apps and unauthorized IPTV services have gained popularity globally in recent years. Latin America is no exception to this trend but unlike other regions, one pirate streaming brand clearly stands out, MagisTV. The MagisTV name is used by dozens of websites, many of which are reseller platforms. While some of these might be related, the name is also used by unrelated entities, simply because the brand has become synonymous for pirate IPTV.

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Major Changes in PTO Fees Effective January 19, 2025

JD Supra Law

The United States Patent and Trademark Office (USPTO) has issued a final rule setting out patent fee increases that will come into effect on January 19, 2025. The USPTO states that costs justify an increase of 10% for up-front fees and 7.5% for other fees except where special circumstances apply and larger increases are justified. The larger increase on up-front fees is justified as bringing the fee closer to the actual cost of examining applications.

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Justices Told 'Copyrightability' Issues Must Be Left To Judges

IP Law 360

The justices have been asked by a defense contractor to wade into a split among circuit courts over "whether questions of copyrightability" should be decided by judges or juries.

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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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Readily Ascertainable - WilmerHale's Trade Secret Bulletin: November - December 2024

JD Supra Law

Welcome to WilmerHales bulletin on recent trade secret case law and relevant news items. Weve affectionately nicknamed it Readily Ascertainable because, unlike a trade secret, it should be easy to figure out.

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Apple, Shyamalan Stole Indie Film Idea For 'Servant,' Jury Told

IP Law 360

Filmmaker M. Night Shyamalan, Apple and other "Hollywood elite" stole from an indie director's movie in order to make a TV show called "Servant" forApple TV+, a California federal jury heard during opening statements of an $81 million copyright infringement trial.

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Hips Don’t Lie (About Their Allegedly Optimal Color). 

JD Supra Law

CeramTec v. Coorstek Bioceramics, Case No. 2023-1502 (Fed. Cir. Jan. 3, 2025) - Colors are generally permitted as source identifiers for trademarks or trade dress because they are typically perceived as an ornamental feature of a good or service (e.g. Louboutins red soles, T-Mobile magenta, Tiffany blue).

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Judge Needs To Rethink Toddler Tub IP Case, Fed. Circ. Says

IP Law 360

A Japanese toy making giant persuaded Federal Circuit judges on Tuesday to revive a dispute over a patent covering a toy tub used by toddlers, with a panel majority deciding a Rhode Island federal judge did not define a claim correctly.

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Spotlight On: Herceptin® (trastuzumab) / Ogivri® (trastuzumab-dkst) / Herzuma® (trastuzumab-pkrb) / Ontruzant® (trastuzumab-dttb) / Trazimera® (trastuzumab-qyyp) / Kanjinti® (trastuzumab-anns) / Hercessi™ (trastuzumab-strf) - January 2025

JD Supra Law

Trastuzumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under 102, 103, or both.

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Abbott, Novartis Settle HIV Test Patent Beef Ahead Of Trial

IP Law 360

Abbott Laboratories, Novartis and Grifols have reached a settlement in a yearslong battle over a patent covering a method for replicating DNA, putting to rest the litigation less than a month before it was set to go to trial, according to an entry in Illinois federal court posted Monday.

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Federal Circuit Clarifies Claim Construction at the Pleading Stage

JD Supra Law

Many lower courts have interpreted the Federal Circuits Nalco decision to hold that claim construction is inappropriate at the motion to dismiss stage. But the Federal Circuits recent UTTO decision clarified that claim construction is not categorically forbidden at the motion to dismiss stage.

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9th Circ. Says Moveable Sculptures Protected By Copyright

IP Law 360

A Ninth Circuit panel on Tuesday revived a toy company's copyright infringement case against fashion retailer Aritzia over "kinetic" sculptures that appeared in window displays at its stores, rejecting Aritzia's arguments that the art pieces can't be considered "fixed" under copyright law just because they're manipulable.

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FAQs: Wine Industry Intellectual Property Protection

JD Supra Law

For wineries, managing intellectual property (IP) is crucial to maintaining brand identity and protecting creative investments. While general IP principles apply across many sectors, wineries face unique challenges and opportunities. Originally published in The Grapevine Magazine - January 2025.

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NCAA, Big Ten Argue Ex-Players' $50M NIL Suit Too Late

IP Law 360

The NCAA and Big Ten Network have asked a Michigan federal judge to toss a proposed class action from football players who are seeking more than $50 million in compensation for their names, images and likenesses, arguing their claims are untimely.

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What might the FASB be looking at for 2025?

JD Supra Law

In the last couple of months of 2024, the FASB issued some invitations to comment intended to allow FASB stakeholders to express their views on whether or not the FASB should pursue the projects identified. It could well turn out that these ITCs offer a preview of topics that the FASB might be taking up in 2025.

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Fed. Circ. Judge Chides Attys For Omitting Key Argument

IP Law 360

The Federal Circuit's chief judge got frustrated Tuesday when neither party in a dispute over a 3G messaging patent had addressed what she considered to be the analysis' starting point.

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Brussels enterprise court clarifies requirements for SPC manufacturing waiver

JD Supra Law

In a judgment of 23 December 2024, the Dutch-speaking Enterprise Court of Brussels followed the reasoning of a Dutch court earlier in 2024, ruling that (i) manufacturers are not obliged to provide the reference number of their marketing authorisation or to specify the third countries to which they plan to export at the time of notification, and (ii) the SPC manufacturing waiver permits long-term storage of products intended for export.

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8th Circ. Backs Real Estate Agents' Win In Copyright Case

IP Law 360

The Eighth Circuit on Tuesday backed a lower court ruling that let real estate agents off the hook on claims they infringed a home designer's copyrights, agreeing that the inclusion of floor plans in listings of homes he designed were fair use.

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The U.S. Patent and Trademark Office (USPTO) Fee Changes – What You Need to Know

JD Supra Law

The USPTO has announced fee increases and new fees for patents and trademarks to take place on January 18, 2025, for trademarks, and January 19, 2025, for patents. The increase in fees and the introduction of new fees by the USPTO is significant, necessitating careful budget considerations requiring many applicants to adjust filing and prosecution strategies.

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DOJ Says Software Co.'s $12.7M Copyright Win Is Sufficient

IP Law 360

The U.S. Department of Justice on Tuesday defended a judge's decision to award a software developer $12.7 million after a federal contractor made unauthorized copies of its software, telling the Federal Circuit the award was correctly calculated.

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Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) - January 2025

JD Supra Law

Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they are challenged under 102, 103, or both.

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Fed. Circ. Judge Asks What's The Rush In Eylea Biosimilar Case

IP Law 360

Counsel for Amgen and a Federal Circuit judge got into a back-and-forth Tuesday concerning the pace of an appeal over a denied injunction on Regeneron's biosimilar of Eylea, with the judge wondering why the attorney was so eager to move things along.

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New USPTO Trademark Fees Go Into Effect January 18, 2025

JD Supra Law

Effective January 18, 2025, the U.S. Patent and Trademark Office (USPTO) will implement a new fee schedule for trademark filings.

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Standards Publishers in the Age of AI

Velocity of Content

In this second opinion piece, I’ll be looking at the steps that standards makers should be considering as their customers increasingly adopt and rely on AI-powered systems, and in particular generative AI (Gen AI) tools. And this is set against a broader challenge of remaining visible in an ever-increasing sea of content publishers and digital disruptors.

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Spotlight On: Enbrel® (etanercept) / Erelzi® (etanercept-szzs) / Eticovo® (etanercept-ykro) - January 2025

JD Supra Law

Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under 102, 103, or both.

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Hytera Asks Justices To Check Whether DTSA Applies Abroad

IP Law 360

China-based Hytera Communications Corp. Ltd., which lost a trade secrets trial resulting in a $764 million jury award for Motorola Solutions that has since been reduced, has asked the U.S. Supreme Court to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.

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The Bowler Chart—Caveats and Improvements

Christopher Roser

The bowler chart, or bowling chart, is a table that is used to track the progress of an improvement project, deliverable, or task. Its name comes from the high similarity to the bowling score sheets that are used to track the progress during a bowling game. In my last post I also explained possible pitfalls.

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USPTO Outlines Vision On AI Work Moving Forward

IP Law 360

Federal intellectual property officials say they are finding ways to navigate the world of artificial intelligence by coming up with policies to push for more innovation in the space and make sure its own workforce is up to speed on the technology.

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Crowd Sourced Charitable Funding and FEMA

The Trichordist

A heads up on FEMA and crowed funded relief.

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