Wed.Sep 04, 2024

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NaNoWriMo’s Massive AI Blunder

Plagiarism Today

NaNoWriMo weighed in on artificial intelligence (AI) and authors, including their own leaders, are unhappy with the statement. Here's why. The post NaNoWriMo’s Massive AI Blunder appeared first on Plagiarism Today.

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TorrentGalaxy is Back Online & Uploads Resume

TorrentFreak

For a torrent site, TorrentGalaxy is still a relative newcomer. The site is barely seven years of age while others have been around for over two decades. In that timespan, however, TorrentGalaxy secured a key place in the torrent ecosystem. Not only does it serve millions of users directly, its ‘release’ groups also distribute torrents across other popular sites, including The Pirate Bay and 1337x.

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Firms Must Offer A Trifecta Of Services In Post-Chevron World

IP Law 360

After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

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Analyzing M&A Through Companies Act And Sebi (Sast) Regulations

IP and Legal Filings

After Companies Act, 2013 and the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 came into force, the Merger and Acquisition has experienced a major changes. This regulatory system is an important tool in administrating the process and significant aspects of M&A in India. The act which regulates the company is the Companies Act, 2013 states extensive provisions for mergers, acquisition, amalgamations, and the restructuring of the companies or corporate, providing sm

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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 Co. Keeps Engine Supplier In Trade Secrets Suit

IP Law 360

An artificial intelligence software developer can continue pursuing a case seeking at least $500 million in Delaware state court from an engine manufacturer over claims that it misappropriated its trade secrets after canceling a deal they had to develop an AI tool.

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Intellectual Property Report

JD Supra Law

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable conduct, Therasense, Inc. v. Becton, Dickenson and Co., 649 F.3d 127 (Fed. Cir. 2011), has since been clarified by Judge Lund in a recent case, ArrMaz Products, Inc. v.

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Federal Circuit Reaffirms Scope of Safe Harbor Defense to Patent Infringement

JD Supra Law

In 2019, Edwards Lifesciences Corporation sued Meril Life Sciences Pvt. Ltd. for patent infringement in the Northern District of California, with Fenwick representing Meril in the district court case and the recent appellate victory.

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eBay, Its Effects, and the RESTORE Patent Rights Act

IP Watchdog

If the essence of patent rights—the right to exclude—is ever to be restored post-eBay, a new legislative vehicle for doing so has arrived in Congress. The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act is bipartisan and bicameral, as well as short and sweet—less than four pages.

Patent 72
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Update on Recent International Biosimilar Approvals - September 2024

JD Supra Law

Approval of Celltrion’s Ustekinumab Biosimilar in the EU: On August 26, 2024, Celltrion announced that the European Commission (EC) granted approval for STEQEYMA, formerly known as CT-P43, a biosimilar of STELARA (ustekinumab), for the treatment of several chronic inflammatory conditions.

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“No Whisper of Urgency”: HP HC Dismisses Infringement Suit for Not Complying with the Mandate on Pre-Institution Mediation 

SpicyIP

Recently, the Himachal Pradesh High Court underlined the importance of pre-institution mediation under the Commercial Court Act (CCA) by refusing to hear a patents and designs infringement suit due to plaintiff’s non compliance with the above mandatory requirement. Discussing this order and its wider significance, we are pleased to bring to you this post by SpicyIP Intern Samridhi Chugh.

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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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Zooming in on AI – #2: AI System vs AI models

JD Supra Law

The Artificial Intelligence Act (AI Act) entered into force on 1 August 2024 and is the world's first comprehensive legal framework for AI regulation. As companies start incorporating AI tools into their business, products and services, it is critical for companies to understand and identify which categories their AI tool(s) fall into to ensure compliance with the AI Act.

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Press Release from @AmericanPublish: Appeals Court Affirms Decision Against Internet Archive for Copyright Infringement

The Trichordist

The defeat of Big Tech sock puppet Internet Archive and their fellow travelers is one of the most important copyright cases of the decade.

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PTAB/USPTO Update - September 2024

JD Supra Law

Last month, Director Kathi Vidal posted on her blog about global efforts to address climate change through sustainable innovation and about USPTO resources to support the military community.

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Who Wore '8' Better? Jackson, Aikman Locked In TM Battle

IP Law 360

Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.

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Double Trouble? Some Double Patenting Woes Resolved 

JD Supra Law

Allergan USA v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. Cir. Aug. 13, 2024) - On August 13, 2024, the Federal Circuit reversed a district court’s decision that a patent was invalid for obviousness-type double patenting (“ODP”) and held that In re: Cellect LLC, 81 F.4th 1216, 1228–29 (Fed. Cir. 2023) did not require the invalidation of a related earlier patent even though it expired later.

Patent 66
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Book Publishers Win at Second Circuit: Internet Archive’s Free Library is Not Fair Use

IP Watchdog

The U.S. Court of Appeals for the Second Circuit today affirmed a district court judgment that granted a group of book publishers’ motion for summary judgment that the Internet Archive (IA) infringed their copyright in 127 books via IA’s “Free Digital Library.” As predicted by author Devlin Hartline in a February article for IPWatchdog, the Second Circuit agreed with the publishers—Hachette Book Group, Inc; Harper Collins Publishers LLC; John Wiley & Sons, Inc.; and Penguin Random House LL

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Parent (Un)Trap: Most Parent Patents Cannot Be Invalidated By Their Children Because Of PTA

JD Supra Law

Medical device companies are often well versed in prosecuting multiple patents within a single “family.” Indeed, such families are often of significant value to early stage (and later stage) medical device companies. But a Federal Circuit decision from last year raised the possibility that the continued prosecution of patents within a family could invalidate those early, valuable patents.

Patent 66
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CAFC Declines to Impose Timing Requirement for POSITAs

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC), in a precedential decision, today rejected Planmeca Inc. USA’s attempt to argue that a person of ordinary skill in the art (POSITA) must have had the requisite experience to qualify as an expert at the time of invention, rather than as of the time of testimony. Judge Stoll authored the opinion.

Art 59
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Alexion and Samsung Bioepis Settle Soliris® Biosimilar Patent Proceedings for Epysqli®

JD Supra Law

On August 30, 2024, Alexion and Samsung Bioepis filed voluntary dismissals in all of their pending patent proceedings related to Soliris® (eculizumab) biosimilar Epysqli® (eculizumab-aagh), including Case No. 1:24-cv-00005 (D. Del.), CAFC Appeal No. 24-1829 (related to the denial of a preliminary injunction against the commercial launch of Epysqli®), IPR2023-00933 (U.S.

Patent 66
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Never Too Late: If you missed the IPKat last week!

The IPKat

If you find yourself traveling after traveling, whether for work or vacation like this Kat, who is writing from Japan this time, here is your weekly NTL post to stay in touch with IP developments. Book Review Katfriend Maciej Padamczyk (Herchel Smith Doctoral Researcher, Research Associate QMIPRI) reviewed Research Handbook on Intellectual Property Rights and Inclusivity , edited by Cristiana Sappa.

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Standing & Product Development: Platinum Optics Tech. Inc. v. Viavi Sols. Inc.

JD Supra Law

In Platinum Optics Tech. Inc. v. Viavi Sols. Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on the requirements for standing to appeal from an inter partes review (IPR) final written decision of the Patent Trial and Appeal Board (PTAB).

Patent 63
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CommScope Must Pay $5.4M Atop $11M IP Verdict

IP Law 360

A Texas federal judge has ordered North Carolina network infrastructure business CommScope Holding Co. Inc. and its related companies to pay $5.4 million in addition to the $11 million in patent infringement damages CommScope already must pay to a licensing company that prevailed in its claims asserting six patents.

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Federal Circuit Patent Ruling Clarifies Section 101 Procedures

JD Supra Law

Courts have long interpreted Title 35 of the U.S. Code, Section 101, to bar patenting abstract ideas, laws of nature or natural phenomena. But until six years ago, the U.S. Court of Appeals for the Federal Circuit's Section 101 case law could have at least reasonably been understood to treat the issue as a pure question of law to be most often resolved at the motion-to-dismiss stage.

Patent 63
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Honda Again Loses Patent Challenge After Reprieve From Vidal

IP Law 360

Months after U.S. Patent and Trademark Office Director Kathi Vidal said the Patent Trial and Appeal Board wrongly refused to review a Neo Wireless patent targeted by Honda because Volkswagen had already challenged it, the board again has rejected Honda's petition.

Patent 52
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Allergan v. MSN Laboratories: Federal Circuit Places Limits on Obviousness-Type Double Patenting

JD Supra Law

On August 13, 2024, the Federal Circuit issued its decision in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061, which limits the scope of obviousness-type double patenting for patents in the same family. The Federal Circuit held that a first-filed, first-issued, later-expiring patent claim cannot be invalidated for obvious-type double patenting based on….

Patent 63
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Bid To Nix Expert Fails As Fed. Circ. OKs $2.3M Patent Verdict

IP Law 360

The Federal Circuit on Wednesday upheld a $2.3 million patent verdict against dental imaging device maker Planmeca USA Inc., rejecting the company's argument that plaintiff Osseo Imaging LLC's technical expert was not qualified because his experience came after the invention.

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Relying on Irrelevant Factors to Award Attorneys’ Fees Is a Red Flag

JD Supra Law

Before Moore, Lourie, and Albright. Appeal from the United States District Court for the District of Colorado. Summary: Awarding attorneys’ fees may be an abuse of discretion if the court relies on factors that should be given no weight in the exceptional-case analysis.

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Dynapass Drops Patent Suit Against Bank Of America

IP Law 360

A litigation outfit has agreed to drop its patent infringement allegations against Bank of America, ending a lawsuit in the Eastern District of Texas over the programming behind user-authentication software.

Patent 52
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Latest Federal Court Cases - September 2024

JD Supra Law

Wisconsin Alumni Research Foundation v. Apple Inc., Appeal Nos. 2022-1884, -1886 (Fed. Cir. Aug. 28, 2024) In its only precedential patent decision last week, the Federal Circuit brought to a close a long-running dispute between the Wisconsin Alumni Research Foundation (WARF) and Apple concerning allegations of infringement of Apple’s A7, A8, A9, and A10 processors.

Patent 61
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Nonsolicits Don't Need Geographic Terms, Ga. Justices Say

IP Law 360

The Supreme Court of Georgia said on Wednesday that restrictive covenants don't need to contain an explicit territorial component for them to be deemed reasonable under state law, reviving a marketing organization's attempt to enforce a nonsolicitation provision in its contracts with independent agents.

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Patent Experts: No Ordinary Skill in the Art at the Time of Invention? No Problem!

IP Intelligence

The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent. For issues of claim construction, infringement, and validity, a technical expert in a patent case must be able to offer testimony from the vantage point of someone with ordinary skill in the art of the patent.

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Fed. Circ. Told To Skip Dish's Review Bid Of $3M Fee Ruling

IP Law 360

A patent litigation company and its former counsel have shot back at an attempt to get the full Federal Circuit to weigh in on whether Dish Network LLC can collect more than $3 million in legal fees directly from the lawyers who filed the failed patent case.

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Gen A.I. Needs to be More Forthcoming About Capital Sources, not Just Training

IP Close Up

There is a lot riding financially on weather open or closed code AI will become LLM model of choice, or, if they can coexist. There are good arguments for and against. ChatGPT’s parent, OpenAI, believes that closed code is safer, more likely to discourage bad actors, provide a lower learning curve and more reliable support.

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Leech Tishman Combines With Calif. Firm Nelson Hardiman

IP Law 360

Leech Tishman is set to add California-based healthcare and life science law firm Nelson Hardiman's 17 attorneys to its Los Angeles office this fall and will do business in the Golden State under the combined name Leech Tishman Nelson Hardiman, the firm announced Tuesday.

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TTABlog Test: Are Mascara and Clothing Related for Section 2(d) Purposes?

The TTABlog

The USPTO refused to register the mark CHEAT CODE for "mascara," finding confusion likely with the registered mark CHEAT CODES for, inter alia , various clothing items (including hats and shirts). The marks are essentially identical and therefore the first DuPont factor weighed heavily in favor of affirmance. But what about the goods? Are they related?