Tue.Sep 24, 2024

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3 Count: OMG LOL Victory

Plagiarism Today

T.I. wins $71 million in doll case, Italy seeks to escalate piracy enforcement and Ice Spice settles In Ha Mood case. The post 3 Count: OMG LOL Victory appeared first on Plagiarism Today.

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Building a Bold Brand Chapter 13: Beware of Scams

Erik K Pelton

The following is an edited transcript of Chapter 13 of my book video Building a Bold Brand: Beware of Scams Few things I have written about over the years have garnered more attention than my coverage of worthless scams that prey upon trademark owners. If you think you might have received a trademark scam letter or solicitation, here are some tips: Do not pay it.

Brands 130
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Pilates Co. Stretches Patent Campaign To ITC

IP Law 360

A San Francisco pilates equipment maker has persuaded the U.S. International Trade Commission to hear its patent infringement case against an assortment of companies that one of its lawyers calls "Chinese knockoff artists.

Patent 93
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Part II-Artificial Neural Networks: Are They Mathematical Methods or Computer Programmes, or Does it Even Matter?

SpicyIP

Continuing the discussion on patentability of Artificial Neural Networks (ANN), in Part II of his two part guest post, Bharathwaj Ramakrishnan explores the situation in India vis a vis ANNs and application of Section 3(k). Bharathwaj is a student at the Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur and loves reading books and IP law.

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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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AI Reporter - September 2024

JD Supra Law

There has been a seismic shift in the relationship between Big Tech’s AI power couple, Microsoft and OpenAI. The former listed the AI pioneer as a competitor in its annual report, perhaps signaling a less friendly dynamic between the two companies going forward.

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Amazon Joins the MPA as its Newest Anti-Piracy Member Since Netflix in 2019

TorrentFreak

A pictorial timeline on the Motion Picture Association’s website begins with a 102-year-old photograph taken at the first meeting of the Motion Picture Producers and Distributors of America (MPPDA), the organization known today as the MPA. “Since that time, the MPA has served as the leading advocate of the film, television, and streaming industry around the world, advancing the business and art of storytelling, protecting the creative and artistic freedoms of storytellers, and bringi

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CIPU Acquires ‘Ideas Matter’, London-Based IP Comms Hub to Run Under IPBasics.org Banner

IP Close Up

NEW YORK, NEW YORK, USA, September 23, 2024 — The content of the London-based IP communications platform, Ideas Matter, has been acquired by the Center Continue reading

IP 74
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Social Media Ownership: Court Applies 2nd Circuit’s Novel Test

JD Supra Law

We have previously written an OnPoint about the law concerning ownership of social media accounts in light of the explosive growth in the use of such media for commercial advertising, product development and customer engagement. We presented on this and related topics at the Federal Bar Association and MyLawCLE webinar on September 6, 2023.

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“Anne Frank” Copyright Dispute Triggers VPN and Geoblocking Questions at EU’s Highest Court

TorrentFreak

The Diary of Anne Frank is one of the best known literary works in history, written by a young girl hiding from the Nazis in Amsterdam during World War II. Anne Frank died in 1945, but her legacy lives on though her words, which are a powerful testament to the resilience of the human spirit and a reminder of the horrors of the Holocaust. Anne never saw her diary in printed form, as the first copies were published by her father Otto Frank in 1947.

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Latest Federal Court Cases - September 2024 #3

JD Supra Law

Vascular Solutions LLC v. Medtronic, Inc., Appeal No. 24-1398 (Fed. Cir. Sept. 16, 2024) In our Case of the Week, the Federal Circuit evaluated certain heavily litigated claims directed to guide catheters. The patents all claimed a “substantially rigid portion/segment,” but the claims were drafted so different portions of the catheters satisfied the “substantially rigid portion/segment” claim term.

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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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Neurosurgeon Attests to Judge Newman’s ‘Extraordinarily High Level of Cognitive Ability’

IP Watchdog

Judge Pauline Newman’s counsel at the New Civil Liberties Alliance (NCLA) has released the results of a medical report that they claim proves she is fit to serve on the U.S. Court of Appeals for the Federal Circuit (CAFC). Dr. Aaron G. Filler, MD, PhD, JD, a neurosurgeon and inventor who trained at the University of Chicago and Harvard University, says he volunteered to conduct the testing on Newman pro bono in order to “help resolve the impasse between Judge Newman and the Judicial Council.

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Why Human-Created Input Data Is Needed to Maintain AI Models

JD Supra Law

By now, we all know that Generative AI models are trained on massive amounts of data, much of which is collected from the Internet, as well as other sources. And we also know that Gen AI is being used to generate massive amounts of new content, much of which is also being made available online.

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Pharma & Biotech Patent Litigation Summit (& UPC Litigation Forum) returns to Amsterdam with 15% IPKat readers’ discount

The IPKat

A stroll along the Amsterdam canals is a must The Katfriends at Kisaco Research are back with a 3-day conference aimed at patent-focussed IPKat readers. The P harma & Biotech Patent Litigation Summit will take place in Amsterdam on 21 and 22 January 2025, with the UPC Litigation Forum taking place on 20 January. The full event agenda is available here.

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USPTO Director Cracks Down on Patent Owner for Withholding Data and Imposes Severe Sanctions

JD Supra Law

The Director of the USPTO initiated sua sponte review of a PTAB panel’s decision to impose sanctions based on patentee’s conduct during IPR proceedings.The PTAB cancelled all of patentee’s claims, including those not unpatentable on the merits, after finding that patentee deliberately withheld data relevant to the patentability of the claims at issue.

Patent 70
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EUIPO clarifies the value of printed social media’s screenshots in a design invalidity action

The IPKat

By decision of 11 September 2024 (R 5/2024), the Board of Appeal of the European Union Intellectual Property Office (EUIPO) overturned the first instance decision by the Invalidity Division and denied the evidential value as prior disclosure of printed screenshots of social media posts (together with their hyperlinks) in an action for invalidation of an EU registered design.

Design 61
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What’s Trending in Trademarks: September 2024

JD Supra Law

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Meghan Markle’s American Riviera Orchard Mark Refused Registration - On August 31, 2024, Mama Knows Best, LLC, a company that appears to be affiliated with Meghan Markle, received non-final office actions in connection with applications to register AMERICAN RIVIERA ORCHARD.

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Are Your Hard Drives Turning to Bricks? Steve Harvey Takes Us Inside Iron Mountain

The Trichordist

Steve Harvey at Mix Magazine warns us of a major issue on the digital horizon: Music on hard drives disappearing into digital bricks.

Music 79
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Big Baller, Shot Caller: High School Athletes and the Emerging NIL Framework

JD Supra Law

In May, a top-ranked wide receiver from the two-time reigning state champion football program at DeSoto High School in Texas tweeted his disappointment that California, Georgia, Florida, and even Louisiana allow high school athletes to monetize their name, image, and likeness (NIL), but Texas does not. And he was right. Most US states now allow high school athletes to monetize their NIL without losing eligibility for athletic competition.

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Creator Spotlight with Storm Chaser & Musician Pecos Hank

Copyright Alliance

This week, we’d like to introduce storm chaser and musician, Hank Schyma (also known as Pecos Hank). Hank’s footage includes original storytelling, narration, and music, which is shared with over 1.1 million YouTube subscribers. His […] The post Creator Spotlight with Storm Chaser & Musician Pecos Hank appeared first on Copyright Alliance.

Music 61
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EV Trade Secrets Litigation Series: EV Trade Secrets Dispute Takes a Twist as $71M Verdict is Overturned

JD Supra Law

Continuing our series on electric vehicle (EV) trade secret litigations, a federal judge has overturned a jury’s verdict awarding $71 million to Zunum Aero, Inc. for The Boeing Company’s violation of the Washington Trade Secrets Act. Despite the jury’s multi-million-dollar verdict, the judge granted judgment as a matter of law for Boeing finding that plaintiff Zunum failed to sufficiently identify its alleged trade secrets at trial.

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Perspectives on Patent Trolls and Efficient Infringement | IPWatchdog Unleashed

IP Watchdog

There is absolutely no doubt that at least some bad-acting patent owners continue to engage in a systematic game of extortion that leverages judicial inefficiencies and the often-outrageous costs of fighting and winning even when there is absolutely no merit to the patent infringement allegations. And these patent owners who do engage in this type of bad action do the industry a tremendous disservice, because these nefarious actors behave so egregiously that it causes a stain on the entire indus

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K&C Sports & Entertainment Law Weekly Roundup - September 2024 #3

JD Supra Law

Georgia Gov. Brian Kemp signed an executive order Tuesday that will allow colleges in the state, including the University of Georgia, to pay players directly for the use of their name, image and likeness.

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Disparaging in Context: Motivation to Combine Exists Even For a Markedly Inferior Element

Patently-O

by Dennis Crouch In a nonprecedential opinion, the Federal Circuit affirmed the PTAB decision finding all claims of Novartis's U.S. Patent No. 9,220,631 unpatentably obvious. Novartis Pharma AG v. Regeneron Pharmaceuticals, Inc., No. 2023-1334 (Fed. Cir. Sept. 23, 2024). The court rejected a teaching-away argument even though the prior art had described a key component as "markedly inferior.

Art 58
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AI News Roundup – AI safety global summit, deepfake crackdown, EU AI regulation criticism, and more

JD Supra Law

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.

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Effects on Efficiency—Takt Time

Christopher Roser

Whenever I visit a factory where manual work is done, I try to estimate the percentage of value-adding time. This brings up an interesting question: What factors do affect the percentage of value-adding time? Let’s dig through my data to see what matters. The Question Whenever I visit a factory where manual work is done, Read more The post Effects on Efficiency—Takt Time first appeared on AllAboutLean.com.

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Federal Circuit Clarifies That The Meaning Of A Claim Term Can Vary While Still Remaining Consistent

JD Supra Law

On September 16, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion vacating and remanding a decision from the District Court of Minnesota which held the asserted claims of medical patents to be indefinite. Vascular Solutions LLC, Teleflex LLC, Arrow International LLC, and Teleflex Life Sciences LLC (collectively, “Teleflex”) own several patents directed to a “coaxial guide catheter that is deliverable through standard guide catheters by utilizing a.

Patent 65
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Dentons Accused Of Hacking Laptop, Aiding Vape Co. Usurper

IP Law 360

Dentons helped the founder of vape distributor Next Level sabotage and usurp manufacturer Avid Holdings' brand, including breaking into its founder's laptop to access confidential information, Avid alleged in a sprawling lawsuit filed Tuesday in California federal court.

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Federal Circuit Rebukes District Court for Patent Eligibility Decision Involving Extended-Release Formulation Patent

JD Supra Law

The U.S. Court of Appeals for the Federal Circuit admonished the U.S. District Court for the District of Delaware on Wednesday for abuse of its discretion in finding the disputed claims invalid under 35 U.S.C. § 101, “a ground not invoked by [the defendant-appellee].”.

Patent 65
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Neurosurgeon Deems Judge Newman's Brain 'Entirely Normal'

IP Law 360

A third doctor has found that suspended U.S. Circuit Judge Pauline Newman, 97, is not cognitively impaired and that there's no reason to keep her off the bench, according to a report released by her attorneys Tuesday.

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Invalidation Approaches and Specification Crafting Concerning “Parameter Features”

JD Supra Law

Limitation by “parameter features” is a love-hate claim drafting approach. It’s highly praised by applicant/patentee because it leads to great the difficulty in searching and finding prior arts that directly disclose the recited parameter(s) which is a major factor for an application being granted and a patent being maintained valid.

Art 65
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Verizon Foe Defends $847M Patent Win In EDTX

IP Law 360

A Dallas patent business said on Tuesday it doesn't think the $847 million verdict it scored in Texas federal court in Marshall against a pair of telecom giants in June is too much.

Patent 52
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German Supreme Court paves the way for broader application of implied consent in copyright law

JD Supra Law

In three judgements dated September 11, 2024, the German Supreme Court expanded the scope of “implied consent” as a limitation on copyright protection (Cases I ZR 139/23; I ZR 140/23; I ZR 141/23).

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Aristocrat Wins Injunction In Slot Machine Trade Secret Row

IP Law 360

A federal judge in Las Vegas blocked gambling game company Light & Wonder Inc. from commercializing its Dragon Train video slot machine game, saying competitor Aristocrat Technologies Inc. is "extremely likely" to succeed in showing L&W misappropriated Aristocrat's trade secrets in developing the game.

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Foul baller

Likelihood of Confusion

Originally posted 2014-04-09 07:50:26. Republished by Blog Post PromoterA former major leaguer goes from giving up runs to running from the law. From pitch counts to multiple counts. From pitching and hitting to counterfeiting. From — You get the pitcher. The post Foul baller appeared first on LIKELIHOOD OF CONFUSION™.

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Musk, X Seek To End Ex-CNN Anchor's Talk Show Fraud Suit

IP Law 360

Elon Musk and his social media platform X have asked a California federal judge to toss former CNN anchor Don Lemon's suit against over a collapsed talk show deal, saying the claims are insufficiently supported, Musk wasn't properly served, and there's no jurisdiction to proceed in the Golden State.