Fri.Dec 22, 2023

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Authors & Copyright Scholars Back ‘Internet Archive’ in Landmark Legal Battle

TorrentFreak

The Internet Archive (IA) is a non-profit organization that aims to preserve digital history for generations to come. The digital library is a staunch supporter of a free and open Internet and began meticulously archiving the web over a quarter century ago. In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books.

Copyright 125
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The Briefing: Merry Litigation – All I Want for Christmas is a Copyright Infringement Lawsuit

The IP Law Blog

Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit ‘All I Want for Christmas Is You’ infringes the copyright of his song with the same name. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Basic IP fundamentals: a recent survey among the IP community

The IPKat

On 30 November 2023, the Center for Intellectual Property Understanding (CIPU) published the findings of a survey on “Intellectual Property Principle – What the IP Community regards as important” ( executive summary and slides ). The survey was conducted by response:AI, an independent market research firm. The survey The survey was launched on 14 September 2023 and ended on 27 October 2023 with the goals of assessing the attitudes and beliefs towards IP among inventors, creators, IP lawyers, ser

IP 110
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Sports and Trade Secrets: Are Analytics a Secret in the NBA?

JD Supra Law

As the NBA season heats up, so does some interesting trade secret litigation among NBA teams. On Aug. 21, 2023, New York Knicks LLC sued a former Knicks employee named Ikechukwu Azotam and Maple Leaf Sports & Entertainment Ltd. (i.e., the Toronto Raptors), claiming they misappropriated the Knicks’ analytical materials, including scouting reports.

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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 IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

PatKat reviewing the year It is time once more for the IPKat patent year in review! Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. There are many misconceptions and confusions with regards to G 2/21 , not least its relevance to the slippery concept of plausibility.

Invention 108
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The Most-Read Legal Industry Law360 Guest Articles Of 2023

IP Law 360

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

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More Trending

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After the Swedes, it's time for the Germans to ask the CJEU to clarify copyright protection of works of applied art in USM Haller referral

The IPKat

At what conditions can works of applied art be protected by copyright under EU law? If this question feels like déjà-vu , it is because it is. Indeed, it was only some weeks ago that the Svea hovrätt, Patent- och marknadsöverdomstolen (Sweden) made a referral ( Mio , C-580/23 ) [IPKat here and here ] to the Court of Justice of the European Union (CJEU) asking how the assessment of originality needs to be conducted, specifically having regard to works of applied art.

Art 83
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And worth every penny!

Likelihood of Confusion

Free (and apolitical) IP advice for bloggers over at Right Wing News. Originally posted 2010-07-29 22:57:01. Republished by Blog Post Promoter The post And worth every penny! appeared first on LIKELIHOOD OF CONFUSION™.

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Monopoly and the inventor who was streets ahead

Intellectual Property Office Blog

With Christmas fast approaching, families everywhere are likely to be dusting off their Monopoly board, together with its familiar Scottie dog and top hat player pieces, ready for their annual challenge. How many will be aware of the challenges the game itself has seen since its original invention? Read on to find out more!

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Actualités Législatives et Réglementaires – Novembre 2023

JD Supra Law

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de novembre 2023. Ces Actualités législatives et réglementaires vous sont communiquées à titre d'information. Elles n'ont pas vocation à être exhaustives ou à constituer un avis juridique.

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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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Copyright in the Courts: A Roundup of Key Copyright Decisions for 2023

IP Watchdog

Copyright exits everywhere—from books on a library shelf to music playing on the radio, to the software running the electronic device on which you are reading this article. Copyright’s broad scope and extensive reach foster a varied and fascinating landscape of copyright cases. From cases involving the use of a celebrity photograph, animated dancing video game characters, to artificial intelligence (AI) infringement inquiries, the number and type of matters copyright touches is seemingly infinit

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MarkIt to Market® -The Emperor Has No…Agreement? The USPTO’s Recent Update on “Clothed” Consent Agreements

JD Supra Law

As any good trademark practitioner knows, a “naked” consent agreement is one in which one party provides consent to the registration of another party’s mark without an explanation of why confusion is unlikely, or what the parties will do to minimize a likelihood of confusion. What, then, is the opposite of being naked? Clothed, of course. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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USPTO Director To Review EagleView Roof Estimator Patent

IP Law 360

The U.S. Patent and Trademark Office director has issued an order granting director review of a Patent Trial and Appeal Board decision that found that none of the challenged claims in an EagleView Technologies Inc. patent for aerial roof estimation was invalid.

Patent 59
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[Audio] (Podcast) The Briefing: Merry Litigation – All I Want for Christmas is a Copyright Infringement Lawsuit

JD Supra Law

Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit ‘All I Want for Christmas Is You’ infringes the copyright of his song with the same name. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing.

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Cy pres recipient in false advertising case has to be false-advertising-focused group, court rules

43(B)log

You might think that class action rules can be a bit like Calvinball, and I'd be hard pressed to disagree. Here's another hurdle to jump, although it's certainly jumpable. Hawes v. Macy’s Inc., 2023 WL 8811499, No. 1:17-cv-754 (S.D. Ohio Dec. 20, 2023) The court denies settlement approval in this case alleging that Macy’s misrepresented the thread count in some of the sheets it sold, because it doesn’t like the cy pres part of the remedy.

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Artificial Inspiration? Style Execution by AI Obviates Human Authorship

JD Supra Law

The US Copyright Office Review Board rejected a request to register artwork made using an artificial intelligence (AI) painting application, finding that the applicant “exerted insufficient creative control” over the application’s creation of the work. Second Request for Reconsideration for Refusal to Register SURYAST (Copyright Review Board, Dec. 11, 2023) (Wilson, Gen.

Artwork 71
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Institute of Directors v. Worlddevcorp Technology and Others : Delhi High Court cautions against the tendency to monopolise common words as trademarks

SpicyIP

The Delhi High Court, vide Order dated 11 December 2023 , declined to grant the prayer of plaintiff (that uses the word mark “Institute of Directors”) to restrain the defendant from using the mark “Directors’ Institute”. Facts The petitioner registered its word mark “Institute of Directors” under the classes 16, 35 and 41. The plaintiff used the mark for running an institute, conducting events, networking and other associated activities.

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USPTO Scam: A Warning to Trademark (and Patent) Owners

JD Supra Law

Multiple trademark owners have contacted Blank Rome to say that, starting this month, scam artists have contacted them by telephone pretending to be the U.S. Patent and Trademark Office (“USPTO”). The scam artists claim to be from the USPTO’s Accounts Receivable division, even displaying their caller ID, and seek credit card payment for fees related to trademarks and trademark applications.

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UK Supreme Court Confirms No Patent for “AI-invented” Inventions

SpicyIP

[ On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous post can be accessed here. ] Image of Dr.

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PMPRB releases CompassRx Annual Public Drug Plan Expenditure Report (2021/22)

JD Supra Law

On December 12, 2023, the Patent Medicine Prices Review Board (PMPRB), released the 9th edition of its annual report, CompassRx, which covers the 2021-2022 fiscal year. The report seeks to provide insights about the cost pressures driving changes in prescription drug expenditures in most Canadian public drug plans.

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Re-Defining (Interpreting) “and” Under Section 21 of the GI Act: The MP High Court’s Interaction with TRIPS and the GI Act

SpicyIP

Recently, the Madhya Pradesh High Court passed a detailed order clarifying that a Registered Proprietor is not required to implead an Authorised User to institute GI infringement suits. SpicyIP intern Jyotpreet Kaur writes on this development. Jyotpreet is a third-year law student who is interested in Intellectual Property Rights and Competition Law and looks to study their interaction with each other.

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Anticipation and Obviousness in Patent Law: An Analysis of Recent IPR Decisions

JD Supra Law

In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed. Cir. Aug. 16, 2023), the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art.

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The Briefing: Merry Litigation – All I Want for Christmas is a Copyright Infringement Lawsuit

LexBlog IP

Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit ‘All I Want for Christmas Is You’ infringes the copyright of his song with the same name. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Store This Element: Lexicography Controls Claim Term Definition Over Plain and Ordinary Meaning

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board obviousness finding, determining that the Board properly applied the patentee’s lexicography in construing a disputed claim term and properly treated arguments raised by the parties in the reply and sur-reply briefings. ParkerVision, Inc. v. Vidal, Case No. 22-1548 (Fed.

Patent 68
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Walmart Wins New Trial After $115M Trade Secrets Verdict

IP Law 360

Walmart can have a new trial after an Arkansas federal jury determined that it nicked a startup's trade secrets related to shelf-freshness technology and owed $115 million in damages, a federal judge ruled Friday.

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Client Alert: Draft Trademark Law Amendment and its Potential Impact on China Trademark Strategy

JD Supra Law

As China’s importance for brand owners continues to grow, so too does the sophistication of China’s IP application processes. Earlier this year, the China National Intellectual Property Administration (CNIPA) released a Draft Amendment to its Trademark Law which, although not yet finalized, could result in significant changes to trademark applications and rights enforcement.

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The Briefing: Merry Litigation – All I Want for Christmas is a Copyright Infringement Lawsuit

LexBlog IP

Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit ‘All I Want for Christmas Is You’ infringes the copyright of his song with the same name. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Criteria for Determining Infringement to Software Copyright | Case of Infringement to Software Copyright for Embroidery Machine

JD Supra Law

The patentee provided evidence to prove that BAS-342G computerized embroidery machine has been sold in the Chinese territory since 2007. As manufacturer and dealer specialized for sewing machine and parts thereof, the infringer is capable to and may access the subject software.

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CISA Alerts Manufacturers to Eliminate Default Passwords

LexBlog IP

On December 15, 2023, the Cybersecurity & Infrastructure Security Agency (CISA) issued a Secure by Design Alert and guidance on “How Manufacturers Can Protect Customers by Eliminating Default Passwords.” The guidance was created by CISA to “urge technology manufacturers to proactively eliminate the risk of default password exploitation by implementing principles one and three of the joint guidance, ‘Shifting the Balance of Cybersecurity Risk: Principles and Approaches

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[Video] 5 Key Takeaways | Best Practices in Patent Drafting: Addressing 112 and Enablement after Amgen

JD Supra Law

On December 8, Partner Nena Bains and Counsel Yifan Mao presented “Best Practices in Patent Drafting: Addressing 112 and Enablement After Amgen” at the 24th Annual Berkeley-Stanford Advanced Patent Law Institute organized by Berkeley Center for Law & Technology and Stanford Law School. The launch of the UPC could significantly alter patent law around the world.

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Compulsory license on dolutegravir patent

Olartemoure Blog

As we have been reporting , on October 2nd the Ministry of Health (MoH) issued Resolution 1579, declaring the existence of reasons of public interest for the issuance of a Compulsory License (CL) on a patent covering Dolutegravir API, which is used in the treatment of HIV/AIDS. Consequently, and in the same act, the MoH requested the Colombian Patent and Trademark Office (CPTO) to establish the terms of the first CL in Colombia.

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PTAB’s Authority to Issue a Final Written Decision After a Statutory Deadline

JD Supra Law

In Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc. 2022-1482 (Fed. Cir. Nov. 21, 2023), the case addresses the Patent Trial and Appeal Board’s (“PTAB’s”) authority to issue a Final Written Decision in a post grant review (“PGR”) after the prescribed statutory deadline.

Patent 66
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Current state financial system

Olartemoure Blog

Recently, the Current State of the Colombian Financial System Report, up to September 2023, was published, presenting the results obtained by entities in the financial sector. Within this report, the remarkable contribution of Specialized Companies in Deposits and Electronic Payments (SEDPE) stands out notably, with assets reaching an impressive COP $358.8 million, demonstrating a significant annual real growth of 15.5%.

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Determination of Product Packaging and Decoration that has Certain Influence | Curry Product Packaging Unfair Competition Dispute

JD Supra Law

When the text, graphics, colors and arrangement and combinations attached to the goods or their packaging can distinguish the source of the goods, it constitutes the packaging and decoration with certain influence protected by the Anti-Unfair Competition Law. In the long-term operation process, it is very normal for operators to update product packaging, as long as the design of the new and the old packaging and decoration is consistent, which does not break up the identification of the source.

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Court holiday break

Olartemoure Blog

Colombia’s judicial branch holiday season will start the 20th of December, 2023, and run through January 10th 2024, suspending all judicial terms as a result. It must be noted that said recess applies as the general rule; yet, its one exception is the action expiration term, which may only be suspended by requesting extrajudicial conciliation, as stated by the Colombian Council of State.