Tue.Jun 04, 2024

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Stanford University Students Accused of Plagiarizing AI Model

Plagiarism Today

A team including Stanford undergrads have been accused of plagiarizing a Chinese company when creating their new AI system. The post Stanford University Students Accused of Plagiarizing AI Model appeared first on Plagiarism Today.

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25 TTAB Tips

Erik K Pelton

Erik shares 25 key terms to know if you are involved in a Trademark Trial and Appeal Board matter in this episode. The post 25 TTAB Tips appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 key terms to know if you are involved in a Trademark Trial and Appeal Board matter in this episode.

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3 Count: Double Dealing

Plagiarism Today

Roberto Clemente's estate sued over alleged double-dealing, DAZN won more site blocking, and Adobe criticized over Ansel Adams-like images. The post 3 Count: Double Dealing appeared first on Plagiarism Today.

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Nintendo Hits 127 Switch Piracy Tutorial Repos After ‘Cracking’ URL Encryption

TorrentFreak

Driven by views, likes, and in some cases, a reasonable level of fame, around 2016 emboldened YouTubers threw caution to the wind with their ‘content acquisition’ tutorials. Where there had once been a nod-and-a-wink, many ventured into the full-blown piracy tutorial arena. For good measure, they also marketed them as such. While some claimed protection based on freedom of speech, many underestimated the implications of exercising that right on YouTube, a platform they did not own.

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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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The Grand Tour of German Automotive—BMW Munich

Christopher Roser

The Bayerische Motoren Werke AG, or short BMW, is a maker of luxury vehicles, sport cars, and motorcycles. As part of my Grand Tour of German Automotive I visited their plants in Munich and Leipzig, and was quite impressed. In my view, it these are the best-performing automotive plants in Germany, and close to the. Read more The post The Grand Tour of German Automotive—BMW Munich first appeared on AllAboutLean.com.

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To Make Your Legal Writing Clear, Emulate A Master Chef

IP Law 360

To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

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Circuit Judge Writes An Opinion, AI Helps: What Now?

IP Law 360

Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

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YouTube Isn’t Liable for User Uploads of Animal Abuse Videos–Lady Freethinker v. YouTube

Technology & Marketing Law Blog

YouTube’s TOS restricts the uploading of content depicting animal abuse, defined as “content that shows the malicious infliction of serious physical or psychological harm that causes an animal to suffer.” The TOS provides additional details about what YouTube considers impermissible animal abuse. Lady Freethinker is an animal rights advocacy group with the tagline “ending cruelty for all beings.” It claims that it created a YouTube account predicated on YouTube prom

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Paramount Hit With $142.5M 'Lucha Libre' Lawsuit

IP Law 360

Paramount and Univision have been hit with a $142.5 million copyright lawsuit over allegedly continuing to broadcast masked "Lucha Libre" fights on Pluto TV, over a year after ending a licensing deal with a California company that markets the videos in the U.S.

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Board oversight of GenAI

JD Supra Law

Like few topics before it, generative artificial intelligence (GenAI) has dominated discussions in many C-suites over the last year. Boards are playing a crucial role in both encouraging management to accelerate the pace of exploration of GenAI and urging management to put in place appropriate policies and guardrails for the development, deployment, and use of the technology.

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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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EPO Touts Successful First Year for Unitary Patent Program Despite UPC Technical Issues

IP Watchdog

On June 1, one year after the date when patents with unitary effect became effective in the European Union (EU), the European Patent Office (EPO) announced that it had registered more than 27,500 unitary patents, representing about 25% of all European patents granted over the past year. The EPO also reported that the Unified Patent Court (UPC) has received a total of 373 case filings since that court first became operational one year ago, although news reports indicate that technical issues have

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Can an Enhanced India-U.S. Partnership Reduce Drug Supply Chain Issues?

JD Supra Law

In an effort to enhance collaboration, the Indian Pharmaceutical Alliance (IPA) recently proposed that a more formal preferred partnership between the U.S. and India can not only lower drug prices in the U.S. but can improve supply chain problems as well. As I have previously written, given political tensions between the U.S. and China in recent years, Indian pharmaceutical companies have increasingly focused efforts at supplanting China's role in providing active pharmaceutical ingredients.

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May 2024 Roundup of Copyright News

Copyright Alliance

In May, the U.S. Supreme Court was unusually busy with copyright cases, as were lower courts around the country. Here is a quick snapshot of some of copyright-related activities that […] The post May 2024 Roundup of Copyright News appeared first on Copyright Alliance.

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K&C Sports & Entertainment Law Weekly Roundup - June 2024

JD Supra Law

A Los Angeles jury has found following a monthlong trial that StubHub owes more than $16 million for breaching its contract with Spotlight Ticket Management, which does business as TicketManager, and interfering in the company’s relationship with American Express.

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Precedential No. 9: TTAB Denies HOLLYWOOD HOTEL Summary Judgment Motion, Finding No Claim Preclusion

The TTABlog

The Board denied Applicant Zarco Hotels' FRCP 12(b)(6) motion to dismiss this opposition to registration of the mark HOLLYWOOD HOTEL for hotel and restaurant services, ruling that claim preclusion, based on an earlier opposition, did not apply. The Board first construed the motion as one for summary judgment and then concluded that Opposers' claims of likelihood of confusion and geographical descriptiveness were not decided in the prior opposition (which was sustained on the ground of nonownersh

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Broadcasts and Promotions Related to the 2024 Summer Olympic Games

JD Supra Law

The Summer Olympic Games will begin on July 26, 2024 in Paris, France. The International Olympic Committee (IOC) and the United States Olympic & Paralympic Committee (USOPC) carefully protect Olympic trademarks and copyrights. Radio and television stations should be cautious not to use materials that might infringe on these rights.

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Bejewelled Eagle Head not a 3D trade mark, says EUIPO

The IPKat

By decision of 28 May 2024 ( R 173/2024 ) the Board of Appeal of EUIPO (BoA) rejected a 3D trade mark for jewellery constituted by the representation of a bejewelled eagle. Fact of the case On February 8, 2023, Kurt Geiger Limited (the Applicant) applied for the registration of 3D trade mark no. 18833400 , among the others, for classes 9 (downloadable virtual products, namely jewellery; downloadable virtual products, namely computer programs featuring jewellery; downloadable image and video file

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NJ Bar Association Warns the Practice of Law Is Poised for Substantial Transformation Due To AI

JD Supra Law

The number of bar associations that have issued AI ethics guidance continues to grow, with NJ being the most recent. In its May 2024 report (Report), the NJ Task Force on Artificial Intelligence and the Law made a number of recommendations and findings as detailed below. With this Report, NJ joins the list of other bar associations that have issued AI ethics guidance, including Florida, California, New York, DC as well as the US Patent and Trademark Office.

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PTAB Upholds G+ Patent After Samsung Challenge

IP Law 360

The Patent Trial and Appeal Board has refused to invalidate any claims of a G+ Communications 5G network patent following a review requested by Samsung, which argued they were either obvious or anticipated.

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Denosumab Biosimilar Updates - June 2024

JD Supra Law

On May 21, Alvotech announced that it had entered into a license and supply agreement with Dr. Reddy’s Laboratories SA for the commercialization of AVT03, a proposed denosumab biosimilar. Denosumab, sold by Amgen under the brand names PROLIA and XGEVA, is indicated for the treatment of various diseases including osteoporosis in postmenopausal women and prevention of skeletal-related events in adults with advanced malignancies.

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Smartflash Says Patent Office Can't Hide Apple Docs

IP Law 360

An inventor is arguing against the U.S. Patent and Trademark Office's bid to toss a D.C. federal court case challenging the office's redactions in documents regarding Patent Trial and Appeal Board reviews of patents at the center of his battle with Apple Inc.

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Look Both Ways: A Two-Way Test to Determine Whether Pre- And Post-bar Date Claims Are Materially Different Applies in Interference Proceedings

JD Supra Law

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Comparing pre-Section 135 bar date claims to amended post-bar date claims in an interference proceeding requires comparing the two sets of claims to determine if either set contains material limitations not found in the other—a “two-way test.”.

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Another challenge to "up to 8 hours of relief" proceeds

43(B)log

Sheiner v. Supervalu Inc., 2024 WL 2803030, No. 22 Civ. 10262 (NSR) (S.D.N.Y. May 28, 2024) Supervalu sold a “Maximum Strength Lidocaine Patch” product which contained “topical anesthetic 4% Lidocaine” which “desensitize[s] aggravated nerves” to provide “temporary relief of pain” to the “back, neck, shoulders, knees, elbows” for “up to 8 Hours of relief.

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Minority Owners of a Trademark Registrant, Who neither Use nor Possess Ownership Rights in the Mark, Cannot Seek Cancellation of Third-Party Trademark Registrations Based on Likelihood of Confusion

JD Supra Law

Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: Parties that own minority shares in the trademark registrant, but do not separately use or possess an ownership right in the trademark, are not entitled to seek cancellation of third-party registrations based on likelihood of confusion.

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Fed. Circ. Mulls Whether To Undo $13M Jury IP Verdict

IP Law 360

NCR Corp. has a "tough burden" on its shoulders if it wants to prove that the evidence a jury relied on to deliver a $13 million jury verdict against the company for infringing two payment processing patents was not substantial enough, a Federal Circuit judge said Tuesday.

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2024 Trade Secret Update: Whistleblower Protections in the Northern District of California

JD Supra Law

WilmerHale lawyers advise clients on every aspect of trade secret law from contracts to complex litigation. Below please find a short update on an important development in trade secret whistleblower protections in the Northern District of California.

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Fed. Circ. Pours Doubt On Trademark Board's 'Cognac' Ruling

IP Law 360

Federal Circuit judges on Tuesday repeatedly expressed skepticism over a split administrative board ruling that allowed a small hip-hop record label to land a trademark using the word "cognac" over objections from the cognac distilling industry.

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Copyrights Wanted: No Creativity Required

JD Supra Law

The advent of generative artificial intelligence (AI) has brought renewed attention to copyright law, with much of the early generative AI-related litigation concerning claims of copyright infringement of the content being used to train AI models. These lawsuits will likely spin off some of the most consequential case law in connection with copyrights that we have seen in some time, particularly around the notion of what constitutes fair use; however, a recent appellate decision on far more.

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Judge Recommends $27.7M For Textbook Publishers In IP Suit

IP Law 360

A federal magistrate judge in Manhattan has recommended that a group of textbook publishers be awarded nearly $27.7 million in damages in a copyright and trademark infringement complaint against nearly a dozen defendants who defaulted for not participating in a case where they were accused of selling counterfeits on Amazon.

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Former Directors Request Rescission of Proposed Rule Change

JD Supra Law

As discussed previously on this blog (see "USPTO Proposed Rule Change to Terminal Disclaimer Practice" and "The USPTO's Proposed Terminal Disclaimer Rule: A Litigator's Perspective") and elsewhere, the U.S. Patent and Trademark Office has announced a proposed rule change to the required form for terminal disclaimers in an attempt to rein in abusive serial litigation practices.

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Netflix Tells 10th Circ. Warhol Helps Defense In 'Tiger King' Suit

IP Law 360

Netflix Inc. has told the Tenth Circuit that the U.S. Supreme Court's decision last year finding that an Andy Warhol silkscreen of pop icon Prince infringed the photo it was based on strengthens its position in a lawsuit that accuses the streaming service of infringing a copyrighted funeral video by using a clip of it in the popular 2020 docuseries "Tiger King.

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PTAB/USPTO Update - June 2024

JD Supra Law

Patent and Trademark Public Advisory Committees, 89 FR 44634 (May 21, 2024) (“seeking nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Director of the USPTO on patent policy, and for up to three members of its Trademark Public Advisory Committee (TPAC) to advise the Director on trademark policy” before July 5, 2024 to serve a 3 year term).

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PQA Tells Fed. Circ. To Deny VLSI's Speculative Stay Bid

IP Law 360

One of the companies sanctioned for misconduct while successfully challenging a VLSI Technology LLC patent has told the Federal Circuit that there's no reason to stay VLSI's appeal while unrelated litigation plays out.

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Understanding the USPTO Guidance on Inventorship and AI Tools

JD Supra Law

The recent guidance from the United States Patent and Trademark Office on evaluating inventorship involving AI tools has sparked discussions on treating AI differently from other advanced tools. The guidance lacks clear definitions on what constitutes an AI tool and why it should be treated uniquely.

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Illumina Board Puts Grail Spinoff In Motion After EU OK

IP Law 360

Illumina Inc. said Tuesday that its board had approved a spinoff of its cancer detection company following a push by activist heavyweight Carl Icahn and an ultimate order from European authorities to dispose of the asset.

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