Wed.Mar 12, 2025

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How a Scam Publisher Stole a Video Game

Plagiarism Today

A video game publisher allegedly stole a game from a solo dev and published it on all the major consoles. Here's how it happened. The post How a Scam Publisher Stole a Video Game appeared first on Plagiarism Today.

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Early Pirate Bay Backer Carl Lundström Dies in Plane Crash

TorrentFreak

Yesterday, Carl Lundstrm stepped into his Mooney M20 propeller-driven plane, heading from Zagreb to Zurich in a solo flight. Not long after takeoff, the plane reportedly crashed into a mountain cabin located in the Slovenian Big Pasture Plateau. Lundstrm, who was 64 years old, did not survive. The crash of Lundstrm’s plane was picked up by both Slovenian and Swedish media.

Reporting 103
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3 Count: Funky Lawsuit

Plagiarism Today

George Clinton sued former business partner, Meta must face CMI claims, and Pensacola venue sued for unlicensed music. The post 3 Count: Funky Lawsuit appeared first on Plagiarism Today.

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Considerations for K-12 Schools When Using Generative Artificial Intelligence Tools

JD Supra Law

Artificial intelligence or AI traces its roots to Alan Turings work in the 1950s. While its a current hot topic, AI is far from new. Students and teachers have been using AI in some form for years in everyday life, such as when they use a smart phones search feature to find a photo of their cat, listen to Spotify playlists, or use Duolingo to learn a new language.

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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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Beyond the process: Securing robust IP protection for cell therapies

The IPKat

Cell therapy represents one of the most exciting fields of innovation, with the potential to provide long-term cures for previously incurable diseases. However, unlike traditional pharmaceuticals, these "living medicines" present unique IP challenges that can make or break a biotech's future. Whilst conventional pharmaceuticals benefit from straightforward composition of matter patents that protect their chemical structure or biological sequence, cell therapies are vastly more complex and hetero

IP 63
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Five Years Ago Today.

JD Supra Law

On March 11, 2020, World Health Organization Director-General Tedros Adhanomdeclaredthat the COVID-19 outbreak "can be characterized as a pandemic," and cautioned that the WHO has "rung the alarm bell loud and clear." At the time of the announcement, the WHO noted that there were 118,000 cases reported globally in 114 countries.

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Leveraging USPTO Delays To Maximize Patent Term

JD Supra Law

Before the USPTO was subject to a hiring freeze, it assumed it would onboard 400 new examiners between fiscal year 2025 and fiscal year 2026, and still predicted an increase in the backlog of unexamined patent applications. With a hiring freeze in place, the current backlog at nearly 838,000 unexamined patent applications, and the wait for initial examination already over 20 months, applicants can expect the time required to obtain a patent to increase.

Patent 70
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Federal Circuit Rejects “Once Generic, Always Generic” Rule in Trademark Dispute Between Whiskey Makers

Patently-O

by Dennis Crouch Bullshine Distillery LLC v. Sazerac Brands, LLC , 2023-1682 (Fed. Cir. March 12, 2025) In an interesting trademark decision, the Federal Circuit has clarified that terms once considered generic do not necessarily remain permanently unregistrable. provides important guidance on genericness timing and addresses a question of first impression in trademark law.

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Section 337 Gets a Makeover: Federal Circuit Expands Economic Domestic Industry Criteria

JD Supra Law

The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) recently issued a landmark decision in Lashify, Inc. v. International Trade Commission, expanding what expenditures count to prove the economic prong of the domestic industry requirement, in a move that could significantly impact companies involved in Section 337 investigations before the U.S.

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Lenovo Touts UK Wins Against Ericsson in Wireless Device, FRAND Licensing Disputes

IP Watchdog

Yesterday, the UKs High Court of Justice of England and Wales (EWHC) issued an approved judgment in Motorola Mobility, LLC v. Telefonaktiebolaget LM Ericsson ruling on the scope of a 2011 wireless device licensing agreement between Motorola (a Lenovo company) and Ericsson. According to a Lenovo press release following the decision, this ruling defines the scope of that agreement such that most Motorola devices are covered.

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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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PTAB Year in Review – PTAB Trends in 2024: Challenges to Genus Claims

JD Supra Law

In the biotechnology and chemical spaces, genus claims are often sought by patent applicants to protect not only a specific product of interest, but also as a means to protect against others making related products that incorporate the advance over the prior art made by the applicant. In 2024, the Patent Trial and Appeal Board (PTAB) issued several decisions in the biotechnology and chemical space where the written description and enablement requirements came into play in proceedings involving.

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Look At All These 1-Word Orders In IP Cases, Justices Told

IP Law 360

A patent owner has told the U.S. Supreme Court that there's momentum behind its push for scrutiny of the Federal Circuit's one-word orders in patent cases and its challenge to courts' summary judgment practices in such matters.

IP 52
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Federal Circuit Rules That Order Of Steps Sometimes Does Matter

JD Supra Law

Back in May of 2020, European patent-licensing company Sisvel filed a flurry of lawsuits against a dozen tech companies who had allegedly infringed Sisvels portfolio of wireless communication and networking patents. A consortium of tech companies, including Telit Cinterion, reciprocated by filing IPR petitions challenging the claims being asserted by Sisvel.

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Askeladden Beats Software Patent At PTAB

IP Law 360

An administrative patent board ruling has wiped out all of the claims in a patent covering payment software that had been asserted against over 20 different companies in the payment space.

Patent 52
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Suspension of the Climate Change Mitigation Pilot Program: What Happens Now?

JD Supra Law

Effective January 28, 2025, the new administration suspended the Climate Change Mitigation Pilot Program (CCMPP) at the United States Patent and Trademark Office (USPTO). The USPTO had instituted this program in June 2022 to positively impact the climate by accelerating the examination of patent applications for innovations that mitigate climate change, as well as to.

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Law360 Cheat Sheet: Novartis' Fight Over Generic Entresto

IP Law 360

Novartis has led a wide-ranging litigation campaign to block generic versions of its bestselling cardiovascular drug Entresto that has involved multidistrict litigation, trips to several circuit courts and cases against the federal government. Here, Law360 breaks down how the various cases intersect and what's still playing out.

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Trade Dress Registration – Practical Considerations for Product Manufacturers

JD Supra Law

Summary Trade dress is a powerful intellectual property (IP) tool that can be used to protect the distinctive non-functional look and feel" of a products design, shape and/or 3D configuration.[1] Product manufacturers and designers can look to trade dress as a potential supplemental type of IP protection (in addition to patent or copyright protection), or as an alternative type of IP protection (where, for example, a statutory bar prevents an entity from protecting aspects of the subject.

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LVMH Hit With Patent Suit Over NFT Smartwatch Display Tech

IP Law 360

A company that developed a platform that enables users to display their non-fungible tokens on their watches has sued LVMH in Texas federal court over claims the luxury goods giant infringed on its "pioneering"nonfungible tokens display technology when it allowed NFT displays on its own smartwatches.

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USPTO Withdraws Its Former Artificial Intelligence Strategy Document

JD Supra Law

We recently reported the USPTOs publication on Jan. 14, 2025, of an artificial intelligence strategy document, just days before the appointment of new Acting Director Coke Morgan Stewart. Wasting no time, the USPTO has now withdrawn that document.

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Labcorp Warns Fed. Circ. Of 'Balkanization' In Prenatal IP Row

IP Law 360

Labcorp, one of the world's largest chains of clinical lab providers, told the full Federal Circuit that a loss it incurred there over a patent tied to a $384 million judgment in Texas was the result of the "balkanization" of the court's patent obviousness jurisprudence.

IP 52
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New Federal Circuit Ruling Opens the ITC to Many More IP Owners

JD Supra Law

In a recent ruling, the U.S. Court of Appeals for the Federal Circuit upended years of settled law and ruled that sales and marketing expenses, by themselves, can be the basis for a finding of domestic industry in an International Trade Commission (ITC) enforcement action. This decision will make the ITC available to U.S. IP owners who import their goods from overseas and do not have a manufacturing base in the U.S.

IP 65
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Brewer Opposes Heineken's Bid To Dismiss TM Claim

IP Law 360

Protections in a federal law prohibiting the enforcement of trademarks seized by the Cuban government aren't limited to the original owner or successor-in-interest of confiscated property, brewer Soltura LLC has argued in a memo opposing a Heineken NV unit's bid to dismiss its counterclaim brought under the No Stolen Trademarks Honored in America Act.

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[Podcast] Talkin’ Trade: Section 337 Domestic Industry Shake-Up—Exploring the Lashify Decision

JD Supra Law

On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Patrick Lavery discuss a groundbreaking Federal Circuit decision in Lashify v. ITC. This pivotal ruling challenges the ITC's longstanding approach to the economic prong of the domestic industry requirement, particularly the treatment of U.S.

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Jets Legend Sues ESPN, NFL Over '30 For 30' Favre Clip

IP Law 360

Former New York Jets defensive end Mark Gastineau sued ESPN and the NFL in Manhattan federal court over the latest episode of the sports documentary series "30 for 30," which shows him confronting famed Green Bay Packers quarterback Brett Favre about a controversial sack.

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If a Claim Limitation Is Inherent, There Is No Question of a Reasonable Expectation of Success in Achieving It

JD Supra Law

Does a claim that merely recites an inherent property of an otherwise obvious claim require an additional analysis to demonstrate that a person of ordinary skill in the art would have had a reasonable expectation of success in arriving at the claim?

Art 65
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Cherry Growers' IP Win Vacated Due To Bogus Evidence

IP Law 360

A Washington federal judge has vacated his two-year-old decision invalidating a U.S. patent covering the Staccato cherry variety owned by the Canadian government, finding that his prior decision was based on an incomplete sales spreadsheet that didn't include line items showing that the sales were of an entirely different cherry variety.

IP 52
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Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) / Avtozma® (tocilizumab-anoh) - March 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.

Patent 65
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IRS Scrutiny May Underlie Move Away From NIL Collectives

IP Law 360

The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.

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Federal Circuit Review | February 2025

JD Supra Law

In HD Silicon Solutions LLC V. Microchip Technology Inc., Appeal No.23-1397, the Federal Circuit held that all but one patent claim were invalid as obvious because the claimed material, as properly construed, was disclosed by the asserted prior art reference.

Art 65
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TikTok Faces Copyright Suit Over Live Streaming Software

IP Law 360

TikTok allegedly copied a company's live streaming software to create a new feature on the app without complying with the company's open source requirements, according to a complaint filed in California federal court.

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5 Considerations for Video Game Companies in 2025

JD Supra Law

Video game companies are often eager to adopt new technologies, like artificial intelligence (AI), to enhance player experiences. However, stricter privacy and AI regulations require companies to take extra precautions to protect their core intellectual property (IP) as they adopt emerging tech.

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Liverpool Football Club Targets Counterfeiters In Chicago Suit

IP Law 360

The Liverpool Football Club and Athletic Grounds Ltd. targeted counterfeiters in a federal suit filed in Chicago on Tuesday, looking to shut down e-commerce shops allegedly taking advantage of its "enormous" popularity to sell fake merchandise nationwide.

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Reexamination of Expired Patents

JD Supra Law

Takeaways - - Expired patents may be eligible for reexamination. - Owners options during reexamination of an expired patent are severely limited. Similar to reexamination practice, which has long allowed reexamination of expired patents through the end of patent enforceability, the Federal Circuit has precedentially held that PTAB post-grant proceedings could be granted and conducted upon expired patents.

Patent 65
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COVID Test Device Maker Settles Fed. Circ. Feuds With Rival

IP Law 360

A company that makes saliva collection devices used for COVID-19 tests says it will drop out of Federal Circuit appeals fights with Longhorn Vaccines & Diagnostics stemming from the Patent Trial and Appeal Board canceling 183 of Longhorn's patent claims as a punishment for "egregious abuse of the PTAB process.

Patent 52
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USPTO Rescinds Vidal’s 2022 Guidance on PTAB Discretionary Denials

JD Supra Law

On February 28, the US Patent and Trademark Office (USPTO) rescinded former Director Kathi Vidals 2022 memorandum on discretionary denials in Patent Trial and Appeal Board (PTAB) post-grant proceedings running parallel to district court litigation.