Thu.Jan 18, 2024

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4 More Contested Cases Before the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board is seeing a sharp rise in contested cases, here's four of the latest and most interesting to receive a response. The post 4 More Contested Cases Before the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 246
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Federal Circuit Affirms Skinny Label Carve Outs

Intellectual Property Law Blog

In H. Lundbeck A/S, et al. v. Lupin Ltd., et al. , Nos. 2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents.

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3 Count: Icy and Spicy

Plagiarism Today

Anthropic fires back at music publishers' lawsuit, Finland denies parody defense over racism and Ice Spice sued over In Ha Mood. The post 3 Count: Icy and Spicy appeared first on Plagiarism Today.

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Top Tips to Brainstorm New Business and Brand Names

Erik K Pelton

The following is an edited transcript of my video Tips for Brainstorming New Business and Brand Names Brainstorming for new brand names is really the genesis of brand protection. The better the name you come up with at the outset, the easier it’s going to be to protect, and more likely you’ll have stronger protection. It’s not easy to come up with a bold, unique, and protectable name, but it is still possible, Begin with pieces of words and names.

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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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Dragons' Den IP Blog - Series 21 Episode 3

Dragons' Den

Episode 3 got off to a kicking start with entrepreneur and ex-football player Gary Neville joining the Den, the first ever Guest Dragon. While some entrepreneurs were top of the leaderboard, others just failed to make the cut. Seeds that heal Entrepreneur and mum, Giselle Boxer, entered the Den ready to take the Dragons on. Giselle asked for £50k and help with scaling-up her business Acu Seeds , in exchange for a 10% share in the business.

Blogging 141
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New Legislation Proposed in Tennessee to Protect Against Deepfakes: ELVIS Act

JD Supra Law

Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and videos that are virtually indistinguishable from real life. These so-called "deepfakes" can be used to misappropriate virtually anyone’s image and likeness for unlawful commercial gain, embarrassment, or other nefarious purposes.

Music 120

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When Is Trade Secret Protection the Right Choice?

The IP Law Blog

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

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Tesla Strikes Out In PTAB Bid To Ax Vehicle Charging Patent

IP Law 360

The Patent Trial and Appeal Board has found that Tesla failed to prove that any of the claims it challenged in a Charge Fusion Technologies patent on electric vehicle charging were obvious.

Patent 105
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RightFind XML Named Best in Show at Bio-IT World Europe

Velocity of Content

CCC’s scientific article discovery solution, RightFind XML , was chosen as the Bio-IT World 2023 Best in Show award honoree at its World Conference & Expo Europe in London. Among six finalists, RightFind XML received the greatest number of votes from the more than 300 event attendees invited to participate. RightFind XML is part of the RightFind Suite, a set of integrated, flexible software solutions that enable professionals at R&D-intensive companies to search, discover, access,

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Sky’s Industrial-Scale Pirate IPTV Blocking Becomes a War of Attrition

TorrentFreak

Last summer, UK broadcaster Sky obtained a High Court injunction that requires local ISPs to block pirate IPTV services illegally offering its content. Blocking injunctions aren’t new or unusual but since limited information is made available to the public, anyone interested in the mechanisms involved and whether blocking is working must find out for themselves.

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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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AI Models' Link To Nonprofit Data Raises Fair Use Question

IP Law 360

Developers of generative artificial intelligence models are using vast datasets compiled by nonprofits to train large language models and text-to-art platforms, raising the question of whether AI companies can shield themselves from copyright liability because they did not compile or pay for the material.

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Canadian Patent Law 2023: A Year in Review

JD Supra Law

In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points addressed in the reported decisions.

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Reading list: Trademarks in an Algorithmic World

43(B)log

"Consumers used to watch ads; now, ads watch them." So says Christine Haight Farley in her intriguing new article. Christine Haight Farley, Trademarks in an Algorithmic World , 98 Wash. L. Rev. 1123 (2023). Abstract: According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace.

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Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright Conundrums

JD Supra Law

As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things, high-profile court cases in 2023 have demonstrated the complexities of copyright infringement claims and fair use defenses in the real estate space.

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In 2023, How Often Did the TTAB Affirm Section 2(e)(1) Mere Descriptiveness/Disclaimer Refusals?

The TTABlog

By my count, in 2023 the Board issued final decisions in 60 appeals from Section 2(e)(1) mere descriptiveness refusals or from disclaimer requirements based on mere descriptiveness. The Board affirmed 56 of the refusals and reversed four. That's an affirmance rate of about 93%. One of the affirmances was deemed precedential: for the mark DXPORTAL for the service of "providing an Internet website portal in the healthcare field to provide a patient and caregivers with the patient's drug prescripti

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Ready for the Flood of Litigation Against Federal Agencies?

JD Supra Law

Yesterday, the Supreme Court heard oral arguments in two related cases that may have a significant impact on litigation against federal agencies – Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The Court’s ruling could decide the fate of Chevron deference, a cornerstone of American administrative law. A series of cases in recent years have signaled that the Court is likely ready to move away from Chevron deference.

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Overview of the Economic Crime and Corporate Transparency Act, 2023 (ECCTA)

Cogency Global

What this is: An overview of the newly introduced Economic Crime and Corporate Transparency Act, 2023 (ECCTA), which enhances the regulatory framework against economic crimes and bolsters corporate transparency in the United Kingdom. What this means: ECCTA empowers Companies House with greater oversight of company information, enforces stricter identification measures for directors and significant persons and heightens accountability for larger organizations.

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US Companies Must Prepare for Upcoming Changes to the French Language Requirements for Trademarks in Quebec, Canada

JD Supra Law

Amendments to the Charter of French Language (Charter) scheduled to come into force on June 1, 2025 will have major implications on trademark owners doing business in Quebec, Canada. This doesn’t just impact Canadian companies, but also the many U.S. companies doing business in Canada. And, since most companies make labels and packaging well in advance of when those items circulate in public, they must start preparing to comply with the new rules now, long before the amendments take effect.

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call for submissions: Harvard/Stanford/Yale Junior Faculty Forum, June 3-4, 2024

43(B)log

Request for Submissions Harvard/Stanford/Yale Junior Faculty Forum June 3-4, 2024, Stanford Law School Harvard, Stanford, and Yale Law Schools are soliciting submissions for the 2024 Harvard/Stanford/Yale Junior Faculty Forum, to be held at Stanford Law School on June 3-4, 2024. Twelve to twenty junior scholars (with one to seven years in teaching) will be chosen, through a double-blind selection process, to present their work at the Forum.

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NCAA Expected to Levy Sanctions Against Florida State University’s Football Program Over NIL-related Violations

JD Supra Law

Last week, the NCAA announced its most significant Name, Image, and Likeness (NIL) enforcement action to date, imposing various penalties against Florida State University and an assistant football coach for impermissible recruiting activities involving a booster and NIL collective.

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What To Keep Tabs On In The NIL Arena This Year

IP Law 360

The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.

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AI as an Inventor? Not so Fast

JD Supra Law

In December, the United Kingdom (the “U.K.”) became the fourth jurisdiction to reach a final determination that a generative AI platform could not be named as an inventor on a patent. Like courts in the United States, Australia and Taiwan before it, the U.K. Supreme Court relied on statutory language to hold that “an inventor within the meaning of the 1977 [U.K.

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Samsung Settles MyPort Patent Suit Over Galaxy Devices

IP Law 360

Samsung has reached a settlement in principle in a patent suit by MyPort Inc., which had accused the mobile electronics giant of selling Galaxy devices that copied MyPort software technology covering personal voice assistants, multimedia capture and location tagging, according to a notice submitted Thursday in Texas federal court.

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Patent Case Summaries | Week Ending January 12, 2024

JD Supra Law

Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc., Nos. 2022-1410, -1554 (Fed. Cir. (PTAB) Jan. 9, 2024). Opinion by Taranto, joined by Prost and Hughes. PacBio filed two petitions for IPR, each seeking review of certain claims in a patent owned by Personal Genomics directed to “an apparatus for identifying a single biomolecule” as well as methods of using or making that apparatus.

Patent 66
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prospective injunctive relief for consumers hangs on in 9th Circuit for now

43(B)log

Clark v. Eddie Bauer LLC, 2024 WL 177755, No. 21-35334 (9 th Cir. Jan. 17, 2024) This unpublished opinion has a dissent from Judge Bea indicating further disruptions in standing may be coming. Clark appealed the dismissal of her putative class action complaint based on a “fake discount” theory, alleging that Eddie Bauer never sold the relevant items at the “normal” prices.

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Ordinary Meaning: “Identifying” Doesn’t Mean Detecting; It Means Identifying

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s decisions finding one set of challenged claims patentable and another set of challenged claims in the same patent unpatentable. The Court determined that the Board properly construed a disputed claim term and made factual findings regarding prior art that were supported by substantial evidence.

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Federal Circuit Rejects Another PTAB-Bias Appeal

Patently-O

I believe that today was the first time that I’ve seen the Federal Circuit issue a no-opinion affirmance in a case that included three amicus briefs along with briefs from three parties. The case, New Vision Gaming v. LNW Gaming, 20-1400 (Fed. Cir. 2024). New Vision sued Bally Gaming and others in Nevada District Court, alleging infringement of two patents.

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2023: The Year of the Burgers

JD Supra Law

From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger. In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd (Hungry Jack’s) for its limited-edition Big Jack burger. Hungry Jack’s (better known as Burger King in some countries) and McD Asia Pacific LLC (McDonald’s) are both global fast food chains known for their burger and fry combination.

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Professional Development Committee - 2024 Launch

U.S. Department of Commerce

Professional Development Committee - 2024 Launch January 29, 2024 ndo2@doc.gov Thu, 01/18/2024 - 13:36 Joining the Department of Commerce’s Office of the General Counsel affords lawyers and non-lawyers alike with a view into every corner of the Department’s operations. OGC offers its team the opportunity to become experts in specific areas of trade and commerce law but also affords staff the chance to develop skills outside of their areas of expertise.

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Steal My Idea, I Dare You: The Power of Protecting Your Intellectual Property

JD Supra Law

In the cutthroat arena of business, where ideas spark revolutions, the protection of intellectual property (IP) is not just a legal formality—it’s a survival strategy. Imagine a world where your groundbreaking ideas, painstakingly nurtured, are snatched and claimed by others. This isn’t just a hypothetical scenario; it’s a real threat that underscores the power of IP protection.

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Intellectual Property Law and Competition Law: Conflicting or Complementing

IIPRD

Introduction If we take a broader look at the Intellectual Property Laws, the primary objective of the legislation in framing these laws is to provide exclusive rights to the IP right holder as against the entire world. For example, Patent Law aims to prevent copying or imitating patented goods by anyone other than the patentee. In other words, it provides a chance of monopoly to the Patentee as far as the use of their patented product is concerned.

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9th Circ. To Reconsider ZoomInfo Anti-SLAPP Fight

IP Law 360

The full Ninth Circuit said Thursday that it will look at a panel's decision that ruled California's anti-SLAPP statute shields a Washington tech company from proposed class claims alleging it illegally profits off of Golden State residents' intellectual property and publicity rights.

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CAFC Says Prohibition Against New Issues After Joinder Doesn’t Apply to Motions to Amend

IP Watchdog

Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in CyWee Group Ltd. v. ZTE (USA), Inc. affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of CyWee’s 3D pointing device patent claims. In affirming the final written decision, the appellate court found that ZTE’s lack of adversarial nature in inter partes review (IPR) proceedings allowed LG Electronics, a joined party that was otherwise time-barred, to properly oppose CyWee’s motion to a

Patent 52
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Michael Jackson Tribute Act Sues Estate In Trademark Dispute

IP Law 360

A Michael Jackson tribute act sued the co-executors of the late King of Pop's estate on Wednesday in Nevada federal court, asking for an order declaring that the act's Las Vegas show and logo does not infringe the estate's trademarks.

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How to Use Patents to Increase Sales

Patent Trademark Blog

Can the right patents help you sell more? At the end of the day, patents must serve your business goals if they are going to be worth pursuing. The right patents can help you increase sales of innovative products. A winning formula boils down to: Getting the right patents; and Enforcing your patents cost-effectively. Need patents to sell more? Call US patent attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore how we can help you obtain and enforce the right patents to boost you