Wed.Jan 15, 2025

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Telegram Shuts Down Z-Library & Anna’s Archive Channels Over Copyright Infringement

TorrentFreak

With close to a billion active monthly users worldwide, Telegram is one of the most used messaging services. The communication platform helps to connect people from all over the globe, with optional end-to-end encryption providing improved security compared to some other players in the market. Telegram can also be an excellent medium to broadcast messages to a wider audience.

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3 Count: AI Hearing

Plagiarism Today

Court years arguments by OpenAI and New York Times, M. Night Shyamalan trial begins and metal musicians fight over copyright. The post 3 Count: AI Hearing appeared first on Plagiarism Today.

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3,682 Pirate Sites Blocked to Protect Creators; More Importantly, Did it Work?

TorrentFreak

Excellent infrastructure and limited anti-piracy action made Malaysia a popular hosting location back when torrent sites were in their prime. Then seemingly out of nowhere, in 2008/2009 the government began shutting down popular sites including Extremebits, Rapthe , Superfundo and later, LeechersLair. One BitTorrent tracker owner discovered to his surprise that a device was quietly gathering data from the site’s server.

Reporting 100
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The Time NBC Used a Plagiarized Logo

Plagiarism Today

In 1975, NBC debuted its new logo. However, it had a major problem: It was virtually identical to another broadcaster's trademark. The post The Time NBC Used a Plagiarized Logo appeared first on Plagiarism Today.

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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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What are the Trademark DuPont Factors?

Patent Trademark Blog

Are we talking about real or theoretical trademark confusion? Likelihood of confusion can be a confusing subject. What makes one trademark too similar to another? When you are thinking of a new product name to apply for, how do you avoid choosing a mark that might get rejected for being confusable with other trademarks? The DuPont factors consist of a list of considerations when comparing one mark to another to determine whether there is a likelihood of confusion between the trademarks.

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Tricks of the Trademark – That’s a Wrap (final episode)

Erik K Pelton

Our final (for now!) podcast and some reflections from Erik in this special episode. The post Tricks of the Trademark – That’s a Wrap (final episode) appeared first on Erik M Pelton & Associates, PLLC. Our final (for now!) podcast and some reflections from Erik in this special episode.

Trademark 130

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What Startups and Big Pharma Need to Know About AI Drug Discovery

JD Supra Law

Integrating AI tools into drug discovery introduces a mix of opportunities and challenges for startups and large pharmaceutical companies. These challenges often center on intellectual property (IP) risks, licensing considerations, M&A due diligence, and documentation practices.

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Do I Need a License to Use a Copyrighted Work Even If I’m Only Using It Internally Within My Company?

Velocity of Content

When using copyrighted materials, a common misconception persists that internal use within an organization does not require licensing. After all, if the materials are being shared solely with colleagues within the company, why would it matter if you acquired permission? The truth is that copyright law applies to both internal and external uses. If the work is protected by copyright and is used in certain ways without proper permission, your team could still be infringing on the copyright owners

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Checklist: Texas Employment Agreements for Out-of-State Employers

JD Supra Law

Multistate employers with employees in Texas are subject to state laws regarding employment agreements. Whether your business is large or small, specific provisions within your agreements could render your agreements unenforceable or jeopardize proprietary business information. By: Hendershot Cowart P.C.

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Gilead, Feds Resolve HIV Drug Patent Dispute Amid Appeal

IP Law 360

Gilead Sciences and the federal government have agreed to dismiss all claims and counterclaims in a yearslong intellectual property and contract battleover HIV prevention drugs Truvada and Descovy, according to stipulations of voluntary dismissal filed Wednesday in both the Federal Circuit and Delaware federal court.

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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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Patent Case Summaries | Week Ending January 10, 2025

JD Supra Law

Novartis Pharmaceuticals Corp. v. Torrent Pharma Inc., et al., Nos. 2023-2218, -2220, -2221 (Fed. Cir. (D. Del.) Jan. 10, 2025). Opinion by Lourie, joined by Prost and Reyna. The FDA approved a New Drug Application from Novartis for a combination therapy of valsartan and sacubitril, which Novartis markets and sells under the brand name Entresto. Entresto includes valsartan and sacubitril in a specific form known as a complex, which combines the two drugs in a particular way.

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Novartis Wins Temporary Stay Of MSN's Generic Heart Drug

IP Law 360

The D.C. Circuit late Wednesday temporarily halted the U.S. Food and Drug Administration's approval of MSN Pharmaceuticals' generic version of Novartis' blockbuster heart failure drug Entresto, just after federal judges in D.C. and Delaware declined to block the launch of MSN's product.

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Year in Review: Top Legal Developments of 2024

JD Supra Law

As 2024 has come and passed, we saw another year of significant developments in litigation involving biologics and biosimilars. The following is a recap of the top four legal developments that we covered on the Big Molecule Watch last year.

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Fed. Circ. Upholds Semiconductor Co.'s PTAB Win Over Chip IP

IP Law 360

The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that semiconductor company Microchip Technology had shown that some claims of an HD Silicon Solutions microprocessor patent are invalid as obvious.

IP 52
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K&C Sports & Entertainment Law Weekly Roundup - January 2025 #2

JD Supra Law

A North Carolina federal judge on Friday deniedNASCARs motion to dismiss a lawsuit lodged by two racing teams that accused the organization of maintaining a monopoly, saying it is too early to determine a dismissal because the teams sufficiently alleged antitrust claims.

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Solar Power Biz Beats Shoals' Patent Case At ITC

IP Law 360

The U.S. International Trade Commissionhas cleared a North Carolina solar manufacturer from a patent case,flipping an administrative law judge's determination that a solar "trunk bus" transmission system infringes a rival's patent.

Patent 52
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Federal Circuit Reverses PTAB’s holding of Non-Obviousness of Standard Adopted 3G Technology

JD Supra Law

The recent decision by the Federal Circuit in Honeywell International Inc. v. 3G Licensing, S.A., issued on January 2, 2025, overturned the Patent Trial and Appeal Boards (the Board) factual and legal holdings in the final written decision of IPR2021-00908. In this article, we delve into the courts holding and its impact on upcoming patent disputes.

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'Absolutely Not': Apple+ Show's Creator Denies Stealing Idea

IP Law 360

The screenwriter who created the Apple+ show "Servant" testified Tuesday in a California federal trial that he didn't steal the "reborn baby" conceptfrom an indie film, telling the jury that he had not seen the plaintiff's movie when he added the new idea to a story he'd been working on for over a decade.

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What are your thoughts on the TikTok Ban

Patently-O

Take my LinkedIn Poll: Continue reading this post on Patently-O.

Patent 52
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4th Circ. Says 'Moke' TM Generic Issue Needs Another Look

IP Law 360

A split Fourth Circuit panel has thrown out a lower court's finding that the term "moke" can't get trademark protection, saying a lower court needs to look further as part of a dispute between two companies fighting for the rights to use the word as a mark.

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Board of Appeal finds that human/pig chimeras are a risk to human dignity (T 1553/22)

The IPKat

A recent EPO Board of Appeal decision considered the patentability of human-animal chimeras and where the line should be drawn on moral acceptability ( T 1553/22 ). The Board of Appeal found that the invention in question was an offence against "human dignity" given that the scope of the claims included scenarios in which human cells could integrate into the the brain or germ-line of the chimeric animals specified in the claims.

Invention 101
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Michael Jackson Estate's Likeness Fight Stays In Vegas

IP Law 360

A Nevada federal judge has declared that her court will decide if an allegedly "lackluster Michael Jackson impersonator show" running at a Las Vegas casino is infringing the name, image or likeness of the late King of Pop.

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Confirm Your Mechanical Rates Have Escalated

The Trichordist

Check your physical/download licenses to make sure you got the cost of living adjustment in the statutory mechanical rate.

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Chancery Awards $1.6M To Food Recycler In Trade Secret Fight

IP Law 360

The former leaders of a now-defunct food waste company owe another company $1.6 million for misappropriating a process for turning waste into fertilizer and animal feed, a Delaware vice chancellor said in a decision released Wednesday, finding they "rode" that process "all the way to the bank.

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Lilly v. FDA: Two Stories Collide to Make this GLP-1 Case a Tale of Our Time

JD Supra Law

I recently learned of Eli Lilly & Co.s (Lilly) recent lawsuit against FDA from Nicole DeFeudis, who interviewed me for her Endpoints News story about the case. Lillys lawsuit, filed in September 2024 in the Southern District of Indiana (note: Lilly is headquartered in Indianapolis), challenges FDAs decision to regulate Lillys trial product retatrutide as a drug rather than a biologic, which Lilly claims violated federal law and FDAs own rules.

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Ex-Pot Co. Director Wants Trade Secrets Claims Tossed

IP Law 360

A former operations director for Curaleaf Inc. is asking a Colorado federal court to throw out the company's claims that he breached a confidentiality agreement and shared information with a former business partner.

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EU & UK AI Roundup – January 2025

JD Supra Law

The second half of 2024 saw a myriad of Artificial Intelligence (AI) related legal and regulatory developments for the EU and UK, critically with the EU AI Act coming into force on 1 August 2024. This has been followed by open consultations and regulatory guidance from the EU AI Office, the European Data Protection Board (EDPB), European supervisory authorities, the UK Information Commissioners Office (UK ICO) and the UK government.

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Acting USPTO Head Corrects Errors In PTAB Samsung Denial

IP Law 360

The U.S. Patent and Trademark Office's acting director has found that the Patent Trial and Appeal Board made incorrect statements when it refused to review a display patent challenged by Samsung due to an upcoming Texas trial, but still left the denial intact.

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TTAB Affirms 2e5 Functionality Refusal of Fire Extinguisher Pressure Gauge Configuration, Despite Applicant's Design Patent

The TTABlog

The Board affirmed a Section 2(e)(5) functionality refusal to register the product configuration shown below, for "fire extinguishing preparations," finding that applicant's advertising and its utility patents "establish the functional benefits of Applicant's proposed mark." "The mark consists of a three-dimensional configuration of a pressure gauge placed in the center of a recess on the bottom of product packaging.

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Maxell Battery Patent Sinks At Federal Circuit

IP Law 360

Japanese consumer electronics outfit Maxell on Wednesdayfailed to persuade Federal Circuit judges to change anything about a patent board ruling that wiped out all the claims in a battery patent asserted in a suit against a Chinese rival.

Patent 52
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Federal Circuit Splits on Whether Toddler Tub May Infringe

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit on Tuesday, January 14, issued a split decision reversing a district courts grant of summary judgement of non-infringement in a case involving a patent for a multi-stage tub meant for bathing infants and toddlers. Judge Stark authored the majority opinion and Judge Chen dissented-in-part.

Patent 52
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Patent Policy Changes To Track Under New Gov't Leadership

IP Law 360

The new federal government will likely bring pivotal shifts in U.S. patent policy through legislation and initiatives that reflect a renewed focus on strengthening intellectual property rights, fostering innovation and enhancing the nation's competitive edge, says PK Chakrabarti at Butzel Long.

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The Inviolable Nature of Jury Verdicts

Patently-O

by Dennis Crouch A new petition for certiorari filed by Provisur Technologies challenges the Federal Circuit's approach to reviewing jury verdicts in patent cases, particularly regarding willful infringement findings. In its opinion, the Federal Circuit had rejected a jury verdict of willful infringement and the judge's resulting damages enhancement.

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No, Litigation Funders Are Not 'Fleeing' The District Of Del.

IP Law 360

A recent study claimed that litigation funders have fled Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.