Thu.Feb 06, 2025

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‘Meta Torrented over 81 TB of Data Through Anna’s Archive, Despite Few Seeders’

TorrentFreak

Last weekend, shadow library Anna’s Archive argued that, for AI companies, access to ‘pirated’ books may be a matter of national security. The reasoning behind this controversial take concerns the legal implications faced by U.S. companies if they train AI models using data obtained from shadow libraries. Other countries, however, have fewer reservations , which could give foreign companies a technological edge.

Fair Use 143
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Erik M Pelton & Associates Secures U.S. Patent for Proprietary Trademark Management Software

Erik K Pelton

February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademark law firm dedicated to protecting brands, is proud to announce the successful registration of U.S. Patent No. This patent protects the firms proprietary software, a groundbreaking tool designed to streamline docket and deadline management in the trademark application process.

Trademark 147
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Patent Eligibility: The Call for Supreme Court Clarity and for an End to Summary Affirmances

JD Supra Law

The U.S. Supreme Court has once again been urged to revisit 35 U.S.C. 101, the statute governing patent eligibility. Audio Evolution Diagnostics, Inc. (AED) filed a petition for writ of certiorari, challenging the Federal Circuits summary affirmance under Rule 36 of a ruling that invalidated its patents under the Alice/Mayo framework. Should the SCOTUS take up the case, this presents an opportunity for the Court to clarify the boundaries of patent eligibility and address concerns over the.

Patent 112
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Reject the Biden Administration’s Eleventh-Hour Patent Power Grab

IP Watchdog

On its way out the door, the Biden administration took a parting shot at America's most innovative companies in a self-described bid to expand equitable patient access to products that emerge from NIH-owned patents.

Patent 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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PhD Student Found Guilty of Plagiarism After 3-Year Battle

Plagiarism Today

After a three-year battle, the University of Johannesburg has found a PhD student guilty of plagiarism and academic dishonesty. The post PhD Student Found Guilty of Plagiarism After 3-Year Battle appeared first on Plagiarism Today.

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The Supreme Court and Intellectual Property in 2024-2025: What Was Decided, What Is To Come And What Was Declined

JD Supra Law

In wrapping up the 2023-24 term and embarking on the 2024-25 term, the Supreme Court was asked to decide a number of intellectual property cases. The Court issued several significant opinions in 2024 and has taken several other IP cases in the current term. The Court, however, also declined to take up several IP-related cert petitions for the 2024-25 term.

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The New Patent Playbook in Action: A Look at Rules 25(1) and 55(3) of the Patent (Amendment) Rules 2024 for Pre-Grant Oppositions

SpicyIP

Image from here. Recently, an interesting order was issued in Patent Application No. 202417006578 ( pdf ), by Vikas Verma, Assistant Controller of Patents & Designs, Patent Office (Chennai), in the context of a pre-grant opposition (PGO) against an application by Pharmazz Inc. What makes this decision particularly noteworthy is that it may be the first instance (at least as per the guess in a LinkedIn post by LCGN LLP here ) where a new rule for PGO has been applied.

Patent 69
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Is the End Near for the Reverse Doctrine of Equivalents?

JD Supra Law

On January 24, in Steuben Foods, Inc v. Shibuya Hoppman Corporation, the Federal Circuit found that Steuben had made a compelling argument that the common law Reverse Doctrine of Equivalents (RDOE) did not survive the 1952 Patent Act. However, the Federal Circuit did not need to decide that issue, instead reversing the district courts grant of Judgement as a Matter of Law (JMOL) on the question of infringement on other grounds.

Law 65
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The Copyright War Was Never Just About Copyright

The Illusion of More

The so-called copyright war began years before I joined the fight, arguably in 1999, when defenders of the P2P platform Napster equated musci piracy with liberty. Thus, rather than a rational discussion about the interdependence of creators and technology, Big Tech cultivated a syncretic foundation from which to sell the paradox that devaluing individual rights […] The post The Copyright War Was Never Just About Copyright appeared first on The Illusion of More.

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Caught in a Raging Storm: 5 Steps Your School Should Take as NIL Disputes Continue to Cause Problems for Universities

JD Supra Law

A new name, image, and likeness (NIL) dispute signals that the storm surrounding college athlete compensation will not be calming anytime soon. A lawsuit involving Florida States head basketball coach is the latest but certainly not the last event to impact this new era college athletics. What does your college, university, or business need to know about this lawsuit and what are five steps you can take to prepare for these unchartered waters?

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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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literal falsity can exist even if there's a strained "truthful" reading

43(B)log

Kopp Development, Inc. v. Metrasens, Inc, No. 1:21cv1216, 2025 WL 371303 (N.D. Ohio Feb. 3, 2025) Metrasens and plaintiff KDI compete in the market for ferromagnetic detectors, used to detect magnetic items (such as iron) on a persons body or clothing before the person enters a room containing an MRI scanner. In 2018, Metrasens purchased a Kopp Ferralert Solo unit from a third-party located in Singapore and provided it, along with a Metrasens Ferroguard Screener unit, to a company called Interte

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Economic Analysis in Litigation Support: Unveiling the Truth

JD Supra Law

Economic Analysis in Litigation Support: Unveiling the Truth - In the intricate realm of litigation, where the stakes are often high and the details complex, economic and forensic analysis emerges as a linchpin in uncovering critical evidence. Expert insights not only bolster legal arguments but also shed light on nuanced economic realities, proving indispensable in modern legal proceedings.

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Exposing the Torres Scam

IP and Legal Filings

INTRODUCTION The largest Ponzi scheme in recent history emerged from Mumbai disguised under the name Platinum Hern Private Limited [1] , popularly called by its brand name, Torres Jewellery. Came to light in February 2024, when there was a rapid opening of six showrooms across Mumbai and its suburb regions. It promoted stone jewellery and came out with alluring investment plans carrying high interest returns of between 6% to 20% per week that later went as high as 11%.

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Dragons' Den IP Blog - Series 22 Episode 5

Dragons' Den

It's episode 5 of season 22, and the Dragons are pitched dog food, life-saving kits for bees and a personal hygiene solution that gets to the bottom of it! These eco-focused entrepreneurs are all seeking investment, but will their numbers fall short of their confidence? Lets find out. Bidet for the UK Its a clean start from couple Kelsang and Bikke with their toilet bidet company, Chakow.

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CAFC Affirms PTAB’s Obviousness Finding Despite Erroneous Claim Construction

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a decision marked precedential that found the Patent Trial and Appeal Board (PTAB) construed HD Silicon Solutions patent claims erroneously, but that the error was harmless, thus upholding the PTABs invalidation of the claims as obvious.

Patent 52
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TTAB Finds MENTCHEES Generic for. Guess What?

The TTABlog

The Board sustained on opposition to registration of the proposed mark MENTCHEES "for Toy figures; Modeled plastic toy figurines; Molded toy figures," on the ground of genericness. Alternatively, the Board found MENTCHEES to be merely descriptive of the goods and lacking in acquired distinctiveness. Chazak Kinder Inc. v. Mitzvah Kinder, Inc. , Opposition No. 91272685 (January 28, 2025) [not precedential] (Opinion by Judge Angela Lykos) The determination of the issue of genericness requires a two

Designs 45
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Companies Leading in Patent Counts

Patently-O

Companies with the most published U.S. Patent Applications for January 2025: Samsung (KR) LG (KR) Hyundai / KIA (KR) CANON (JP) HUAWEI (CN) IBM (US) QUALCOMM (US) TOYOTA (JP) Intel (US) Apple (US) Dell (US) BOE (CN) Google (US) Panasonic (JP) FUJIFILM (JP) Micron (US) NEC (JP) GM (US) Bosch (DE) Ericsson (SE) TSMC (TW) This 20 represent about 16% of the applications published during the month.

Patent 49
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Summary of the USCO Copyright and AI Report; Part 2: Copyrightability

Copyright Alliance

On January 29, the U.S. Copyright Office released Part Two of its AI study, which analyzed issues surrounding the copyrightability of works that are partially or wholly generated by AI. […] The post Summary of the USCO Copyright and AI Report; Part 2: Copyrightability appeared first on Copyright Alliance.

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Meta AI Used 'Astonishing' Load Of Pirated Works, Writers Say

IP Law 360

Meta Platforms allegedly downloaded tens of millions of pirated copyrighted works from peer-to-peer networks to train its Llama artificial intelligence product, and its employees repeatedly discussed this "illegal" strategy with lawyers, with one engineer writing, doing so "from a corporate laptop doesn't feel right," according to internal communications unsealed in copyright infringement litigation Wednesday.

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Federal Circuit Affirms PTAB’s Obviousness Decision Despite Claim Construction Error

Patently-O

by Dennis Crouch The Federal Circuit has affirmed the PTAB finding of obviousness in an inter partes review (IPR) challenge to an integrated circuit manufacturing patent, even while disagreeing with the Board's claim construction. HD Silicon Solutions LLC v. Microchip Technology Inc. , No. 2023-1397 (Fed. Cir. Feb. 6, 2025). The decision is fairly narrow - offering a situation where the lower tribunal's errors can be harmless when alternative grounds support the ultimate conclusion.

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Considerations When Contracting with Academic Spinouts

JD Supra Law

Due in part to the Bayh-Dole Act of 1980, which incentivized universities to commercialize their technology, the number of academic spinouts has grown in recent years. This is particularly true in the life sciences space, where a number of spinouts from academic institutions are now notable industry players.

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Federal Intellectual Property Due Diligence: Beyond UCC and Lien Searches

Cogency Global

Ensuring the ownership and status of IP is crucial in transactions, just like due diligence for statutory liens and UCC financing statements. Lenders must consider the role of federal IP in deals to conduct thorough due diligence. The post Federal Intellectual Property Due Diligence: Beyond UCC and Lien Searches appeared first on Cogency Global.

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AI Legal Landscape: Top Challenges and Strategies in 2025

JD Supra Law

As artificial intelligence (AI) continues to develop at a rapid pace, even the most sophisticated general counsel (GC) and in-house legal teams will be hard pressed to keep up with the evolving legal landscape.

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Courts Are Getting Alice Wrong, Google Foe Tells Justices

IP Law 360

A tech startup that lost an advertising technology patent case against Google is the latest party to tell the U.S. Supreme Court to revisit its legal precedent covering patent eligibility.

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Balancing Innovation and Compliance in Your Enterprise

JD Supra Law

As artificial intelligence continues to revolutionize industries, businesses are facing increasing pressure to integrate AI solutions into their products and services to remain competitive. However, the adoption of AI presents a complex web of legal, compliance, operational, and cybersecurity risks that must be understood and carefully managed.

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USPTO Suspends Atty For Mishandled China IP Applications

IP Law 360

A Seattle attorney faces suspension from handling cases before the U.S. Patent and Trademark Office after allowing a China-based intellectual property company to file new trademark applications without first reviewing the documents, including allowing the IP service provider to sign the lawyer's name to documents.

IP 52
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European Commission's AI Code of Practice and Training Data Summary Template

JD Supra Law

The European Commission has released a new template for summarizing training data used in general-purpose artificial intelligence ("AI") models, as part of its broader AI regulatory framework.

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Nabors-Acquired Biz Accused Of Pirating Simulation Software

IP Law 360

A Rhode Island software businessfiled a lawsuit in Texas federal court on Wednesday accusingan employee of a company acquired by Houston-based Nabors Industries Inc. of pirating its simulation software 62 times.

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Shanghai Henlius Biotech’s aBLA for Perjeta® Biosimilar HLX11 Accepted by FDA

JD Supra Law

On February 2, 2025, Shanghai Henlius Biotech announced its aBLA for HLX11, a proposed biosimilar of Genentechs Perjeta (pertuzumab), has been accepted by the FDA..

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In Microchip Feud, Fed. Circ. Says PTAB Error Was 'Harmless'

IP Law 360

The Federal Circuit handed down a precedential decision Thursday finding that a claim construction error made by patent board judges was "harmless," declining to breathe new life into claims asserted against Microchip Technology.

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Lyric or Leave It: Anthropic Tries to Strike a Chord with the Music Industry

JD Supra Law

The Northern District of California is overseeing an ongoing copyright lawsuit between Universal Music Corp., ABKCO Music Inc., Concord Music Group, and other music publishers (collectively, the Publishers) and AI company Anthropic PBC. Concord Music Group Inc. et al. v. Anthropic PBC, 3:24-cv-03811.

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Vexed Texas Judge Limits Issues In ASUSTeK Patent Trial

IP Law 360

An Eastern District of Texas judge on Thursday barred a semiconductor maker from pursuing one of its infringement theories against ASUSTeK Computer Inc. at a trial on electronic component patents, but he said "both parties are to blame" for presenting "vexatious" issues.

Patent 52
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We’re Definitely Watching: Viral Women’s Sports Phrase Gets Trademark Registration

JD Supra Law

As my colleague Puya Partow-Navid recently wrote, popular or viral phrases in the sports world are often the subjects of trademark registrations. Womens sports are no exception. 2024 was a banner year for womens sports, including the rise of stars like Caitlin Clark and Ilona Maher, the continued dominance of Simone Biles, another gold medal win by the U.S.

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Calif. Firm Settles Photographer's IP Claim Over Photo Use

IP Law 360

A New Mexico photographer told a California federal judge on Thursday that he was ending his copyright infringement suit against Santa Monica immigration law firm Wolfsdorf Rosenthal LLP over ownership of a photograph on the firm's website, as the two sides have reached a settlement.

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2024 Patent Landscape -- Year In Review

JD Supra Law

Over the course of 2024, the patent law landscape has continued to evolve as significant court rulings and emerging technologies shaped its direction. During 2024, activities at the Supreme Court, the Federal Circuit, various District Courts, and the Patent and Trademark Office not only influenced existing patent frameworkssuch as a complete rewrite of the long-standing obviousness test for design patent invaliditybut also raised new questions about intellectual property rights in a rapidly.