Tue.Dec 19, 2023

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5 Ways Copyright Has Changed Christmas

Plagiarism Today

Christmas and copyright go together as often gingerbread cookies and milk. Here's just five ways that copyright has changed Christmas. The post 5 Ways Copyright Has Changed Christmas appeared first on Plagiarism Today.

Copyright 291
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BREAKING: AI Can't Be Patent Inventor, Top UK Court Rules

IP Law 360

The U.K.'s Supreme Court ruled Wednesday that an artificial intelligence cannot be the named inventor of a patent under current legislation, concluding that British law requires a "natural person" to be behind an invention.

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3 Count: Did Not Pass

Plagiarism Today

Amazon/Tolkien estate win fan fiction lawsuit, the EU declines to geofence film content, and the Internet Archive files an appeal in book case. The post 3 Count: Did Not Pass appeared first on Plagiarism Today.

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The 12 CCB Final Determinations

Copyright Alliance

Though not a partridge in a pear tree or five golden rings for the 12 days of Christmas, the Copyright Claims Board (CCB) has gifted the copyright community with 12 […] The post The 12 CCB Final Determinations appeared first on Copyright Alliance.

Copyright 115
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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 Increased Use of Analytics in Sports Could Lead to a Rise in Employment and Trade Secret Lawsuits

JD Supra Law

The recent lawsuit filed by the New York Knicks against a former employee, the Toronto Raptors’ parent organization, and the Raptors’ head coach, could be a harbinger of a rise in employment and trade secret litigation in sports. Such an increase will likely stem in part from teams’ reliance on analytics— and franchise’s efforts to shield those models from the eyes of competitors.

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Jury Awards Photographer Max Damages in Copyright Suit Against Senior Living Giant

IP Watchdog

A California jury on Monday awarded what is reportedly the “largest maximum statutory damages verdict for photography infringement in U.S. history,” according to a press release issued by the plaintiff's counsel in the case. Scott Hargis is an architectural photographer who sued Pacifica Senior Living Management LLC in September 2022 for damages and injunctive relief related to infringement of 43 of Hargis’ photos that Pacifica used to advertise and market its senior living facilities.

Copyright 106

More Trending

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What Is (and Isn’t) Protected by Copyright?

Velocity of Content

Where copyright protection begins and ends Employees consume and share copyrighted materials all day long. It’s just business. However, routine content exchanges such as sharing published reports, articles and other information found on the Web, have copyright implications, which can expose companies to a greater risk of infringement. While you may know the basics of copyright, your colleagues and staff may not.

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Arnold & Porter Unveils Slightly Smaller New Partner Class

IP Law 360

Arnold & Porter Kaye Scholer LLP revealed it was promoting nine partners and seven counsel on Monday in a partner class slightly smaller than last year's slate of 12 partners and nine counsel.

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5 AI-Related Topics Every Information Professional Should Think About in 2024?

Velocity of Content

Tools like ChatGPT have changed our expectations for how search should work.  Regardless of the current risks and realities of where the technology and rights are, more and more users now expect to be able to ask a question in natural human language and expect AI-powered machines to compose a thorough and correct response in little to no time. If the expectation is changing rapidly amongst adults now, imagine the young researcher 10 or 15 years from now who has been steeped in that reality for t

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Venable Adds Litigation, Crisis Response Pro From K&L Gates

IP Law 360

Venable LLP's Chicago outpost has gained a longtime K&L Gates LLP attorney with a practice at the intersection of commercial litigation and crisis management, the firm announced Monday.

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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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Response to the USPTO, The ITA, and NIST call for Public Comments on Standards, Part 5 of 7

JD Supra Law

On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is that for each posts the footnoting was renumbered for just the individual post.

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How Attorneys Can Be More Efficient This Holiday Season

IP Law 360

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

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Many Fifth Circuit Judges Hope to Eviscerate Section 230–Doe v. Snap

Technology & Marketing Law Blog

I previously covered the district court ruling in this case. I summarized: A high school teacher allegedly used Snapchat to groom a sophomore student for a sexual relationship. (Atypically, the teacher was female and the victim was male, but the genders are irrelevant to this incident). The teacher was sentenced to ten years in jail , so the legal system has already held the wrongdoer accountable.

Designs 79
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Administrative Mediation in Patent Infringement Disputes | Dongguan Market Supervision Administration’s Handling of "Coin Inspection Device" Invention Patent Infringement Dispute

JD Supra Law

Market Supervision Administration of Guangdong Province "2021 Typical Cases of Intellectual Property Administrative Law Enforcement" patent infringement case No. 7 【Case Insight】 In this case, under the mediation of the Dongguan Market Supervision Administration, the petitioner and the respondent reached a settlement agreement, in which the petitioner not only achieved the initial purpose of stopping the patent infringement, but also settled the copyright dispute, trademark and domain name.

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Dismissal but no Vacatur: Federal Circuit Declines to Disturb PTAB’s Upholding of Dafni’s Hair Brush Patent

Patently-O

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit dismissed Ontel’s appeal seeking to overturn the PTAB’s IPR decision upholding the patentability of Dafni’s hair straightening brush patents. Ontel Products Corp. v. Guy A. Shaked Invs. Ltd. , No. 2022-1938 (Fed. Cir. Dec. 19, 2023). The court held that Ontel lacked standing to appeal because “the dispute between Ontel and Dafni over this patent is moot.

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Federal Court declines to grant injunction for infringement of HUMIRA formulation patent

JD Supra Law

On December 4, 2023, the Federal Court issued its public judgment and reasons in two patent infringement actions pursuant to s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations (“Regulations”) and two patent impeachment actions pursuant to s. 60(1) of the Patent Act (“Act”).

Patent 71
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TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

The TTABlog

By my count, the Board has affirmed more than 90% of the Section 2(e)(1) mere descriptiveness refusals that it reviewed fo far this year. Here are three more. How do you think they came out? [Results in first comment]. In re Family Defined Benefits, LLC , Serial Nos. 97248954 and 97248972 (November 27, 2023) [not precedential] (Opinion by Judge Jonathan Hudis).

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The Pitch - December 2023

JD Supra Law

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.

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Pie in the sky

Likelihood of Confusion

Michael Young: It is not often a case hits upon two of our favorite topics: Trade secrets and pie. But when it does, mmmmmmmm, it’s good to be an attorney. The post Pie in the sky appeared first on LIKELIHOOD OF CONFUSION™.

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H. Lundbeck A/S v. Lupin Ltd. (Fed. Cir. 2023)*

JD Supra Law

The provisions of U.S. regulatory law regarding FDA approval for less than all the indications for which an innovator drug was approved under 21 U.S.C. § 355(j)(2)(A)(viii) (the so-called "skinny label) has in the recent past raised something of a kerfuffle before the Federal Circuit (see "GlaxoSmithKline LLC v. Teva Pharmaceuticals USA (Fed. Cir. 2022)"). .

Law 68
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A Judicial Overview Of Obscene And Offensive Trademarks

Intepat

Introduction Section 9 of the Trademarks Act, 1999 (hereinafter referred to as the Act), provides for absolute grounds for refusal of registration of the trademark. The Examiner can object to the registration of the trademark if it falls within any of the grounds mentioned in Section 9. Section 9 (2) of the Act provides as follows: 2) A mark shall not be registered as a trademark if— (a) it is of such nature as to deceive the public or cause confusion; (b) it contains or comprises of any matter

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Lawsuit with Claim of Unequal Access to NIL Opportunities Raises New Title IX Concerns

JD Supra Law

The University of Oregon Ducks have had a winning season on and off the football field: The team reached the Pac-12 Conference title game, and star players achieved among the highest name, image and likeness (NIL) valuations for college athletes in the nation. But a lawsuit filed against the soon-to-be Big Ten Conference program on….

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Applicability of Taylor v Taylor Principle in Protecting Intellectual Property Rights

Intepat

The principle of Taylor v Taylor originated in the year 1876. Ever since the principle has been used multiple times in the field of intellectual property and others, to justify the statutory rules and command measures accordingly. This principle was first adopted in India, through Nazir Ahmad’s case wherein the importance of the principle was highlighted.

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Crossing the Blurred Line Between Brands and Generics

JD Supra Law

Clients often ask if a law firm can represent both brand and generic drug manufacturers. It’s a reasonable question, particularly when the popular perception is that potential conflicts pigeonhole law firms, forcing them to “pick a side” and represent either brands or generics. But the reality is that firms can and do represent both “sides” of the brand-generic divide, especially given the recent consolidations among companies.

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Invisalign Fights Social Media Class Notice In Antitrust Suits

IP Law 360

The maker of Invisalign urged a California federal judge to reject proposed online campaigns intended to notify a certified class of consumers who bought teeth aligners in lawsuits accusing the company of limiting competition, saying the proposals are overbroad and could lead to an unjust result.

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Awarded Highest Amount of Statutory Damages | “Sewing Machine” Invention Patent Infringement

JD Supra Law

Judgment Gist - Three types of the allegedly infringing product CSM-9820-00/01/02 and the allegedly infringing product CSM-9820A fully encompass all of the technical features of claims 1, 2, 4, and 6 of the subject patent, and thus fall in the scope of protection of claims 1, 2, 4, and 6 of the subject patent.

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The Top Patent Damages Awards Of 2023

IP Law 360

While 2023 didn’t feature any of the blockbuster verdicts that had become the norm in recent years, the number of trials jumped as the COVID-19 bottleneck broke, and multiple juries came back with nine-figure verdicts. Here are the top damages awards from 2023.

Patent 52
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Method for Reviewing Prior Design Defense in Determination of Infringement on Design Patent | Tire Design Patent Infringement Case

JD Supra Law

In the event that the design of an allegedly infringing product is not identical to a prior design, in order to reach a correct determination on design patent infringement, a comprehensive judgment should be based on comparison between each two of the design of the allegedly infringing product, the prior design, and the design of a subject design patent.

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Korean Game Co. Tells 9th Circ. IP Row Is 1st Impression Case

IP Law 360

A South Korean video game developer that sued a rival for copyright infringement and trade secret theft asked the Ninth Circuit to review whether the Digital Millennium Copyright Act allows a foreign company to move an action to another country, which the petitioners say is a matter of first impression.

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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.

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USPTO Says Answering FOIA Complaint Is Too Burdensome

IP Law 360

The U.S. Patent and Trademark Office says there simply isn't any way for the agency to recall exactly how often it directed patent boards to reach different decisions by "stacking" board panels, a since-abandoned administrative practice.

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Copyright Office Affirms Refusal of AI Authorship

JD Supra Law

Summary - The Copyright Office Review Board (Board) has affirmed the Copyright Office’s refusal of a work created with the use of artificial intelligence (AI) software.

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Facebook Meta Trademark Faces a Significant Hurdle

LexBlog IP

IPNews® – Two years ago Facebook decided to rebrand its umbrella company name to Meta. Just as Twitter has found in its X rebrand, rebranding a billion dollar company is easier said than done. As expected, Meta has a few minefields to navigate.

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The UPC Court of Appeal in action: Insights from the first hearing before the UPC Court of Appeal

JD Supra Law

Today marked a ‘historic moment’ for the UPC, as Klaus Gabrinsky, the President of the UPC Court of Appeal, noted in his opening remarks: the first UPC Court of Appeal hearing, on 18 December 2023 in Luxembourg. The case at issue: the appeal in summary proceedings filed by Nanostring Technologies Inc et al (Nanostring) against 10x Genomics, Inc. and the President and Fellows of Harvard (10x Genomics) (case number APL_576355/2023 UPC_CoA_335/2023).

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NCAA Proposal Points To A New NIL Compensation Frontier

IP Law 360

Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.