Wed.Aug 07, 2024

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5 Things I’ve Learned Being a DMCA Agent for 100s of Sites

Plagiarism Today

After decades of sending DMCA notices, I began also serving as a DMCA agent. Several years later, here's what I've learned. The post 5 Things I’ve Learned Being a DMCA Agent for 100s of Sites appeared first on Plagiarism Today.

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Loper Bright Limits Federal Agencies' Ability To Alter Course

IP Law 360

The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

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3 Count: Billion Dollar Question

Plagiarism Today

Cox attempts to get a new trial in $1 billion case, Mattel wins lawsuit against producer and Nvidia leak highlights dubious scraping. The post 3 Count: Billion Dollar Question appeared first on Plagiarism Today.

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GrubHub Must Face Restaurants' TM Infringement Suit

IP Law 360

Grubhub Inc. must face a proposed class action brought against it in Illinois federal court for allegedly using restaurants' trademarks without permission and listing them on its food delivery app without their consent, even though most of the lead plaintiffs have not registered the marks at issue.

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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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RIAA Backs AI Copyright Lawsuit Against Anthropic, Sees Similarities with Napster

TorrentFreak

The Artificial Intelligence boom promises unparalleled progress but, in reality, it’s still early days. As startups and established tech giants explore their options, semiconductors are selling like hot cakes, while seemingly mundane data archives are suddenly portrayed as digital gold. Chips and data are the oil of the AI-revolution and a quick glance at Nvidia’s stock chart shows that business is going well.

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Understanding subscription licenses, fair dealing and legal protection for TPMs in Canada: A critical commentary of the Blacklock’s Reporter Parks Canada decision

Barry Sookman

The Federal Court issued another troubling copyright decision involving Blacklock’s Reporter (BR) in the recent case, 1395804 Ontario Ltd, operating as Blacklock’s Reporter v AG Canada , 2024 FC 829. In reasons that are very difficult to follow and untangle, Justice Roy of the Federal Court held that Parks Canada did not infringe copyright or breach the Copyright Act’s legal protection of technological protection measures by circulating copies of articles and passwords to locked articles publish

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Means-Plus-Function Claims in Patent Eligibility and Infringement Analyses

Patently-O

by Dennis Crouch The Federal Circuit’s recent decision in Impact Engine v. Google has again raised the issue of over the proper treatment of means-plus-function (MPF), this time regarding patent eligibility and infringement analyses. Appeal No. 22-2291 (Fed. Cir. July 3, 2024). I had skipped a write-up of the non-precedential decision, but now Impact Engine has petitioned for en banc review, arguing that MPF claims having specific corresponding structure should be deemed per se eligible

Patent 87
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Copyright Office Releases AI Guidance

JD Supra Law

After receiving input from thousands of stakeholders during a public comment period, the U.S. Copyright Office has released the first of four reports in its Copyright and Artificial Intelligence series, this one to address digital replicas.

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[UPCKat] Revisiting lessons from the first ex parte UPC preliminary injunction in myStromer v Revolt

The IPKat

The UPCKat on its way to enforce some orders. As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of guest UPCKats Agathe Michel-de Cazotte , Hiske Roos and Laura Mikkelsen and members from the team at Carpmaels we continue the journey, again visiting the Düsseldorf Local Division last year in two decisions (22 June and 18 Octo

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Latest NIST Guidance Identifies Generative AI Risks and Corresponding Mitigation Strategies

JD Supra Law

On July 26, NIST released a final version of its Generative Artificial Intelligence Profile (GenAI Profile), a cross-sectoral profile of and companion to the AI Risk Management Framework (AI RMF) (for further detail on the AI RMF, see our prior advisory). The new GenAI Profile reflects NIST's recommendations for implementing the risk management principles of the AI RMF specifically with respect to generative AI.

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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 Filings Roundup: Mixed Results in Carbyne Biometrics Patent Challenges, New Campaign Launched by Amadora Systems LLC, HyperQuery Campaign Revived

IP Watchdog

This week we saw slightly below average numbers of patent filings at both the Patent Trial and Appeal Board (PTAB) and in district court. In the PTAB, there were 21 new filings—all inter partes reviews (IPRs). Samsung filed three petitions challenging three patents held and asserted by Collision Communications [associated with Concert Technology Corporation].

Patent 62
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EU Committee Recommends Approval of 6 New Biosimilars in July 2024 Meeting

JD Supra Law

The Committee for Medicine Products for Human Use (“CHMP”) recommended 14 medicines for European Medicines Agency Approval (“EMA”) approval (“marketing authorization”), during its monthly meeting on July 22-25, 2024.

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[GuestPost] The Court of Appeal's latest AI decision begs the question - what inventions are deserving of patent protection?

The IPKat

The IPKat is ready for your answers in our AI survey What inventions are deserving of patent protection? This is the question that has percolated through the London patent ranks following the recent Court of Appeal decision in Comptroller - General of Patents, Designs and Trade Marks v Emotional Perception AI Limited [2024] EWCA Civ 825. Friend of the AmeriKat, Peter Arrowsmith ( GJE ) is on hand to delve into the debate and ask readers the pertinent question.

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Copyright Office Calls for Law on AI-generated Digital Replicas

JD Supra Law

The U.S. Copyright Office is tackling the issue of digital replicas -- videos, pictures or audio recordings digitally created or manipulated to falsely depict an individual – and is calling on Congress to pass a federal law protecting victims from the knowing distribution of such replicas.

Law 71
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CAFC Remands COGNAC Case for Reconsideration of DuPont Factors

IP Watchdog

The U.S Court of Appeals for the Federal Circuit (CAFC) on Tuesday vacated and remanded a decision from the Trademark Trial and Appeal Board (TTAB) based on an incorrect application of the DuPont factors in determining the likelihood of confusion of a famous mark. Bureau National Interprofessional du Cognac (“the Bureau”), the union that oversees the production of COGNAC spirits, and Institut National des Appellations d’Origine, an administrative agency within the French government, filed an opp

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Foley Automotive Update - August 2024

JD Supra Law

Key Developments - The Society of Automotive Analysts (SAA) will host Coffee Break with Foley & Lardner: Combating Internal and External IP Leakage on August 21, 2024 at 11:00am (ET). Register here to attend the webinar.

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ASSA ABLOY is Seeking a Senior Intellectual Property Administrator

IP Watchdog

ASSA ABLOY is seeking a Senior IP Administrator. As a member of the ASSA ABLOY Opening Solutions Americas IP team, this senior administrator position assists and supports the Opening Solutions (Americas) IP Practice as the person primarily responsible for handling day-to-day docketing and updates to the records, databases and files maintained, and managing invoice/billing process.

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AI-Powered Medical Devices Bring Patent and Regulatory Pitfalls

JD Supra Law

Artificial intelligence and machine learning are transforming the medical device industry. Simultaneously, companies are working to gain Food and Drug Administration approval and obtain intellectual property protection for this technology. As these changes take place and newer guidance emerges, IP practitioners need to help clients navigate these complicated areas without jeopardizing investment into AI or machine learning-enabled technology.

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Robot Vacuum Cleaner Patent Ruling Remains Undisturbed

IP Law 360

Federal Circuit judges proved unpersuaded on Wednesday to do anything to touch an administrative board ruling that wiped out most, but not all, of the claims in a patent that allegedly covered a new feature in the Roomba brand of robotic vacuum cleaners.

Patent 52
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How AI is Transforming Patent Intelligence

JD Supra Law

2023 was a breakthrough year for AI technology, marked by the rise of generative AI with a multitude of new GPT models and advanced diffusion models. These achievements, years in the making, were made possible by ongoing research and development far from the public eye.

Patent 66
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6th Circ. Backs 20 Years For Chinese Spy Who Targeted GE

IP Law 360

The Sixth Circuit upheld a 20-year prison sentence for a Chinese spy convicted of espionage for trying to steal trade secrets from General Electric's GE Aviation unit, noting in an opinion unsealed Wednesday the punishment was reasonable as he continuously pursued the confidential information using sophisticated tradecraft processes for several years.

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EU AI Office Issues Call for Participants to Draft AI Code of Practice

JD Supra Law

Just days before the European Union Artificial Intelligence Act (AI Act”) went into force on August 1, 2024, the EU AI Office announced a call for expression of interest to assist with drafting the AI Code of Practice mandated for general-purpose AI models. The stated goal of the EU AI Office is to have a final Code of Practice for those general-purpose AI models prepared by April 2025, through the iterative collaborations of four working groups.

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Judge's Pharma Comments Could Decide Ineligibility Appeal

IP Law 360

A Federal Circuit panel on Wednesday was willing to explore Astellas Pharma's argument that a Nebraska federal judge should be taken off its infringement case over the bladder medication Myrbetriq, given statements that showed a potential bias against the pharmaceutical industry, but also made clear that such reassignments are rare and difficult.

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Copyright Office Advocates for Federal ‘Digital Replica’ Law

JD Supra Law

On July 31, 2024, the United States Copyright Office (Copyright Office) published a report urging Congress to create a federal law protecting individuals against unauthorized artificial intelligence (AI) generated digital replicas, commonly known as “deepfakes” (Report). The Report is the first in a series of reports on the intersection of AI and copyright law that the Copyright Office plans to issue emanating from its August 2023 Notice of Inquiry (NOI).

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Hemp Cos. Owner Says Cousin Ripped Off Formula, Trademarks

IP Law 360

The owner of Florida-based CBD and hemp companies White Lab LLC and GS Distribution LLC is suing a company owned by his cousin, saying the cousin has failed to pay up on a distribution agreement and is now trying to steal the trademarks to one of White Lab's product lines.

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American Bar Association Ethics Ruling on Generative AI: Taking Advantage of AI Technology Ethically and Effectively

JD Supra Law

On July 29, the American Bar Association (ABA) weighed in for the first time on the ethical implications of generative AI (GenAI) use with the release of Formal Opinion 512. The 15-page document details, among other things, the current use of GenAI in the legal space, GenAI’s transformative potential, and some important advice on effectively….

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Investor Asks Justices To Overturn $5.7M Arb. Award Ruling

IP Law 360

An investor who put money into an unsuccessful business looking to revolutionize the chemical manufacturing industry urged the U.S. Supreme Court Wednesday to overturn a split Ninth Circuit decision enforcing a $5.7 million arbitration award in favor of that business' founders, arguing the award should never have been issued.

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US Copyright Office issues first report in AI series, spotlighting deepfakes

JD Supra Law

The United States Copyright Office has released the first in a series of reports relating to the implications of AI on copyright law and policy, urging the creation of new federal law addressing deepfakes. This article explores the recommended parameters of that new law, and the related reports, legislation and interagency action likely to follow.

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Fed. Circ. Won't Rethink Amazon Patent Program Suit Revival

IP Law 360

The Federal Circuit issued an order Wednesday declining to hold a panel rehearing or a full court rehearing on its May decision to revive an electric outlet cover maker's declaratory judgment action over alleged infringement through Amazon's patent evaluation program.

Patent 52
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Why Should Your Business Ask An Attorney To File A Patent?

JD Supra Law

When you run a small business, protecting your unique inventions and ideas is crucial to maintaining a competitive edge. You need tools to help fend off copycats who would love to use your own ideas to steal your sales and compete against you. One of the most effective ways to safeguard your innovations is by filing for a patent.

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Amgen Waged Lawfare To Overcharge For Drug, Suit Claims

IP Law 360

Maryland-based independent licensees of the Blue Cross Blue Shield Association claim pharmaceutical giant Amgen Inc. and its subsidiaries have engaged in unlawful monopolistic practices that have inflated the cost of the blockbuster drug Enbrel.

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PTAB Permits Submission of Evidence Midstream to Bolster Public Accessibility of References Despite Objections

JD Supra Law

The Patent Trial and Appeal Board has granted a petitioner’s motion to submit supplemental information, over patent owner’s objections, concerning the public availability of references that were relied upon to support grounds of unpatentability in the petition. Petitioner filed a petition challenging patent claims directed to a semiconductor power device.

Patent 63
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NC Biz Court Bulletin: The Battles Making Summer Sizzle

IP Law 360

A 1983 championship basketball team's intellectual property rights and a public feud between Cadwalader Wickersham & Taft LLP and its insurer are among the legal battles that have kept North Carolina Business Court judges and Tar Heel state private practice attorneys busy this summer. In case you missed those and others, here are the highlights.

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Latest Federal Court Cases - August 2024

JD Supra Law

Sanho Corp. v. Kaijet Technology International Limited Inc., Appeal No. 2023-1336 (Fed. Cir. July 31, 2024) In our Case of the Week, the Federal Circuit held that the private but non-confidential sale of thousands of laptop ports did not count as a “public disclosure” of the inventions embodied therein.

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Fed. Circ. Scrutinizes Role Of A Patent's Admissions In IPRs

IP Law 360

A Federal Circuit panel on Wednesday grappled with when statements in a patent admitting that certain technology was well-known can improperly form the basis of an inter partes review validity challenge, taking up a long-running dispute between Apple and Qualcomm.

Patent 52