Wed.Jan 22, 2025

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Telegram ‘Suspends RuTracker’s Channel’ For Copyright Infringement

TorrentFreak

The arrest of Telegram founder Pavel Durov by French authorities in August 2024 was unexpected, the basis perhaps even more so. The mere suggestion that social media operators in the United States could face arrest overseas, for the alleged misconduct of a minority of users among more than a billion, would not be well received. According to reports, France accused a subset of Telegram users of committing a range of very serious crimes.

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AI and Fair Use: Navigating Legal Challenges in India and the United States

IIPRD

Artificial intelligence has gained a central stage over the past few years with the effects it has on the world. However, there are both positives and negatives of the same. While it has made our lives easier to some extent, it brings with it a lot of legal and ethical problems. One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law.

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Tech Industry Urges EU to Halt Italy’s Overreaching Anti-Piracy Measures

TorrentFreak

Launched last year, Italys elaborate Piracy Shield blocking scheme was billed as the future of anti-piracy efforts. To effectively tackle live sports piracy, broad blocking powers aim to block piracy-related domain names and IP addresses within 30 minutes. While many pirate sources have indeed been blocked, Piracy Shield is not without controversy.

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Fantasy sports: game of skill or gambling?

IP and Legal Filings

The Indian festival of cricket, the IPL is approaching! Being the most popular sport in India, the audience engagement that the sport receives is the highest of all other sport. But now it is not just any other sport to watch or cheer for. Popularity of the same has given birth to a whole new different method of engaging with the sport and earn some money as well.

IP 105
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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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GamersNexus Accuses Linus Tech Tips of Plagiarism

Plagiarism Today

In an ongoing feud between two popular tech YouTubers, GamersNexus has accused Linus Tech Tips of plagiarism. Do the allegations hold up? The post GamersNexus Accuses Linus Tech Tips of Plagiarism appeared first on Plagiarism Today.

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Plausibility as a moving target: Phase III clinical trial results sink second medical use patent (T 0816/22)

The IPKat

The Board of Appeal decision in T 0816/22 considered whether post-published phase III clinical trial data showing lack of efficacy can invalidate a second medical use patent that appeared plausible based on the data in the application as filed. The patent related to the use of a C1-esterase inhibitor for treating antibody-mediated rejection in kidney transplant patients.

Patent 104

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Drink to me only with thine eyes

Likelihood of Confusion

Originally posted 2014-01-22 13:44:33. Republished by Blog Post Promoter A week or so ago it was the sad story of Jimi Hendrix on the bottle. Now the TTABlog reports on another famous-dead-guy-as-booze-trademark case: Applicant Anatoliy Bondarchuk failed to fend off a petition for cancellation of his registration of the mark MARC CHAGALL for vodka. The […] The post Drink to me only with thine eyes appeared first on LIKELIHOOD OF CONFUSION.

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Reminder to Patent Holders: Mark Your Products

JD Supra Law

If you are a patent holder and are selling a product covered by your patent, please remember to mark your products. The purpose of patent marking is to give notice to the public that the product being sold is patented. If you have been diligent in marking your products, you may be eligible to obtain back damages for any infringement that has occurred in the previous six years.

Patent 70
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The Cyber-Crimes in the Cyber-world

IP and Legal Filings

Abstract; Since the world has indulged into major advancement of a greater technology, it has its own primary goods and bads which are habitual in the digital era and multi-technological facilitated world. In the late 1970s, sociologists and anthropologists like Alvin Toffler (author of Future Shock), Daniel Bell, and John Naisbitt approached post-industrial society theories, arguing that the current era of industrial society is coming to an end, and services and information are becoming more im

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How Standardization, SEPs, and Patent Pools Can Benefit the EV and Battery Industries

JD Supra Law

Technical standards are industry norms that enable interoperability, promote safety, and create economies of scale. While technical standards are intended to be implemented on a wide scale in the mass consumer market, many standardized technologies are protected by patents (known as standard essential patents or SEPs). With standardization poised to dramatically impact the battery and electric vehicle (EV) charging industries, stakeholders must carefully balance the rights of patent owners.

Patent 73
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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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Introducing the RightFind Suite Growth Bundle: Literature Management for Small to Midsize Businesses

Velocity of Content

CCC is kicking off 2025 with exciting news. Were introducing the RightFind Suite Growth Bundle : a packaged set of capabilities that meets the needs of small to midsize businesses. For over a decade, weve been honored to meet the needs of some of the most innovative companies across the globe, from start-ups to global multinationals, and provide them with the scientific literature they need to create lifesaving vaccines, medications, and products.

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AI IP Year in Review - The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI

JD Supra Law

Since platforms like Midjourney and DALL-E became popular, using text-to-image models to generate AI art has surged, making it increasingly difficult to distinguish between AI-generated art and human-created works. This rapid evolution in art generation challenges global intellectual property law. Recognizing these challenges, the Copyright Office issued Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence (Guidance) in March 2023, clarifying.

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GIGO? literal falsity and a remedy mismatch

43(B)log

InSinkErator LLC v. Joneca Co., No. 8:24-cv-02600-JVS-ADS, 2025 WL 250032 (C.D. Cal. Jan. 10, 2025) InSinkErator, allegedly the worlds largest manufacturer of garbage disposals for home and commercial use (and to its shame, an entity that sued a TV show for dilution for showing a garbage disposal being used unsafely ), sued its competitor Joneca for falsely advertising the horsepower of its garbage disposals and secured a preliminary injunction.

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Alleged Inappropriate Conduct In Another Litigation Does Not Support Award Of Enhanced Damages

JD Supra Law

On May 6, 2021, plaintiffs sued defendants for patent infringement in the United States District Court for the District of Delaware. The parties are biotechnology companies and competitors that offer tools for studying genetic material on a cellular level, including competing sequencing-based tools for performing spatial analyses of biological molecules.

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Patent Data Reports Show China’s Continued Gains, Rapid Advances in Sustainability

IP Watchdog

Last week, patent data tracking firm IFI CLAIMS published its annual rankings of the Top 50 U.S. Patent Assignees and the Top 10 Fastest Growing Technologies of 2024, providing a snapshot of the worlds most innovative companies and rapidly advancing tech sectors by analyzing U.S. patent grants totals over the last calendar year. Although U.S. patent grants increased overall last year, pointing to the strength of the domestic market, foreign economic rival China continued to make significant gain

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EV Trade Secrets Litigation Series: Tesla and Rivian Resolve High-Stakes Legal Clash Over IP

JD Supra Law

After getting the green light to proceed to a trial in March of 2025, Tesla and Rivian have reportedly reached an agreement to settle their trade secret dispute out of court. Tesla and Rivian officially filed for dismissals in mid-December and the Court subsequently close the case. This will mark the end of one of the highest-stakes EV battery trade secret battles between two major competitors in the industry.

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Heartbeat of the USPTO

Patently-O

By Dennis Crouch The chart above is not an EKG. Rather, it shows the ebb and flow of USPTO activity -- the heartbeat of the 10,000+ patent examiners whose activity follows the bi-weekly quota system. The regular peaks come every two weeks, but the chart shows an overlay of two additional quotas: quarterly quotas (the higher blip every 3 months) and yearly quotas (the messy blip at the end of each fiscal year).

Patent 52
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Influencer IP Case Risks Judges Becoming Arbiters Of 'Vibes'

IP Law 360

The case of Gifford v. Sheil, pending in Texas federal court, involves an influencer alleging that distinctive social media aesthetics constitute protectable property, and reflects a troubling trend: the overreach of intellectual property law in areas better left for creative freedom, say attorneys at Holland & Knight.

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[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - Leverage Your IP - Residual Goodwill in Trademarks

JD Supra Law

In this episode of Trending Now - An IP Podcast, Clinton Brannon and Janet Cho discuss residual goodwill in trademarks, including what it comprises and how it may be asserted.

IP 81
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Intel Says Ax Of VLSI Patent Should Stand Amid OpenSky Row

IP Law 360

Intel Corp. has urged the Federal Circuit to affirm the invalidation of a VLSI chip patent it challenged alongside OpenSky Industries, saying the director of the U.S. Patent and Trademark Office correctly let Intel join the case after finding that OpenSky engaged in misconduct.

Patent 98
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USPTO Takes First Steps Following New WIPO Treaty

JD Supra Law

Last May, the World Intellectual Property Organization (WIPO) adopted a newtreatyrelated genetic resources and traditional knowledge thereof (the Treaty). The Treaty will impose new disclosure requirements on patent applicants to disclose the country of origin or source of genetic resources used in a claimed invention.

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5 Litigation Funding Trends To Note In 2025

IP Law 360

Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

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Federal Circuit Affirms the Use of ‘Secret’ Prior Art

JD Supra Law

In a recent precedential opinion, the United States Court of Appeals for the Federal Circuit affirmed that a patent application constitutes prior art as of its filing date, not its publication date. In Lynk Labs. Inc. v. Samsung Electronics Co., Ltd., Lynk Labs sued Samsung for infringement of a single patent relating to LED technology. Samsung responded by initiating an inter partes review at the Patent Trial and Appeal Board to invalidate the asserted patent.

Art 70
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11th Circ. Floats Jurisdiction Query In 'Summer Waves' TM Suit

IP Law 360

The autonomous local government that runs a state park on Jekyll Island, Georgia, urged the Eleventh Circuit on Wednesday to overturn a Georgia federal court's finding that it couldn't sue an inflatable-pool maker over its purported use of the phrase "summer waves.

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Federal Circuit Affirms PTAB Decision Regarding DNA Sampling Patent

JD Supra Law

On January 6, 2025, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the Patent Trial and Appeal Board (PTAB) rejecting a challenge to U.S. Patent No. 7,332,277 (the 277 patent) by Laboratory Corporation of America Holdings (Labcorp).

Patent 65
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Drug Co. Wants To Keep Judge On Alopecia IP Case

IP Law 360

The developer behind an Eli Lilly & Co. alopecia drug has called allegations the company's lawyers deliberately hired a New Jersey federal judge's former law clerk both"low and baseless" and a "transparent attempt to remove the judge who decided against it.

IP 52
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The Federal Circuit Affirms Deterrence Sanctions

JD Supra Law

The Federal Circuit affirmed a district courts award of sanctions for bad faith against a plaintiffs conduct based on the meritless nature of several lawsuits filed in incorrect venues.

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Shyamalan Denies Theft From Indie Film: 'I Didn't See It'

IP Law 360

Filmmaker M. Night Shyamalan, who found success in Hollywood with his breakout movie "The Sixth Sense" about a child who sees dead people, testified Wednesday in a California federal trial that he never saw a film he's accused of stealing from for his Apple+ show "Servant" before it was produced.

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Celltrion Files IPR on Regeneron’s EYLEA® Patent

JD Supra Law

On January 15, 2025, Celltrion filed IPR2025-00456 against Regenerons U.S. Patent No. 11,084,865 (the 865 patent), challenging claims 1-17, 19-42, 44-50 as anticipated and claims 1-50 as obvious.

Patent 65
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Vanda Loses Takings Clause Arguments In Trade Secret Fight

IP Law 360

A Court of Federal Claims judge has held that specifications on how fast Vanda Pharmaceuticals' drugs dissolve do not count as property interest under the Fifth Amendment, handing a loss to the pharmaceutical company in its trade secrets case against the federal government.

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USPTO Launches Significant Patent Fee Increases

JD Supra Law

The U.S. Patent and Trademark Office ("USPTO") raised patent fees and introduced new surcharges.

Patent 62
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Google Presses For Dismissal Of Artists' AI Copyright Lawsuit

IP Law 360

Google has asked a California federal judge to throw out a consolidated proposed class action brought by visual artists and authors claiming the tech company infringed their copyrights to train artificial intelligence models, arguing that the complaint doesn't specifically identify the copyrighted works that have allegedly been infringed.

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K&C Entertainment Exclusive - January 2025

JD Supra Law

Drakehas suedUniversal Music GroupNV for defamation in US federal court, accusing the company of putting his life in danger by releasing and promotingNot Like Usby his rival and labelmateKendrick Lamar.

Music 62
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Fed. Circ. Stays Order Delisting Teva Inhaler Patents

IP Law 360

Federal Circuit judges have agreed to hold off on immediately delisting patents that cover components of a Teva asthma inhaler from the U.S. Food and Drug Administration's Orange Book after the Israeli drugmaker said doing so would have "seismic" legal consequences and should be reviewed by the full court.

Patent 52
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USPTO Announces New Effort to Promote AI and Emerging Technologies

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) recently announced an official Artificial Intelligence Strategy that outlines how the Office plans to address the promise and challenges of artificial intelligence (AI) in its internal operations as well as in the development of intellectual property (IP) policy.