Thu.Sep 12, 2024

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Federal Circuit Lays Out When Expert Witnesses in Patent Litigation Must Have Required Expertise

JD Supra Law

In patent litigation, expert witnesses play a crucial role in providing specialized knowledge to the court. In a recent case where Osseo Imaging LLC sued Planmeca USA Inc. for patent infringement, the Federal Circuit highlighted the importance of understanding expert witnesses' qualifications.

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No FAKES Act Matched in House Bill to Address Gen AI Replication

The Illusion of More

On Monday, beloved actor James Earl Jones passed away at age 93, but in 2022, he signed an agreement with LucasFilms to allow the voice of Darth Vader to live on through Gen AI replication. Jones’s permission to replicate his voice is a bittersweet prelude to today’s news from Capitol Hill, where the House of […] The post No FAKES Act Matched in House Bill to Address Gen AI Replication appeared first on The Illusion of More.

Law 102
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Sanofi Sets €320M Licensing Deal With US, French Biotechs

IP Law 360

Pharmaceutical giant Sanofi SA said Thursday that it will pay up to €320 million ($353 million) to U.S. biotechnology group RadioMedix Inc. and French medicine developer Orano Med for an exclusive license for a radiation treatment for rare cancers.

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‘Parasitic’ IPTV Piracy is Killing Football, “It’s Them or Us” Says Serie A CEO

TorrentFreak

Supported by almost constant life-or-death messaging, one has to wonder whether Serie A’s seemingly endless financial problems really are insurmountable. Yet for reasons that aren’t easily understood, let alone explained, every week matches go ahead as planned. With decaying stadiums at some clubs and billions of euros in persistent overall debt, companies in other industries would’ve stopped spending beyond their means long ago, or at least succumbed to financial pressure whil

Reporting 106
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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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Netgear Gets $135M In TP-Link IP Deal

IP Law 360

Netgear Inc. has received $135 million from TP-Link Systems Inc. as part of a settlement of the companies' patent and contract litigation over Wi-Fi routers in the U.S. International Trade Commission and California federal courts.

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Working at a Life Science Startup? You Need a Copyright Policy (+ 6 Steps to Create One!)

Velocity of Content

When you’re working in a fast-paced, but small life sciences company, there’s a chance your organization hasn’t thought about a copyright policy (yet). This can be a grave oversight. Without a copyright policy that outlines use cases on how artificial intelligence (AI) tools can be used with copyrighted content, how to use copyrighted material in social media posts, how to curate articles in a copyright-compliant manner, or how to share information with internal colleagues, healthcare providers,

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Landmark Trademark Battles: Shaping Brand Protection Globally and in India

IP and Legal Filings

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” Trademarks are very important business assets because they distinguish products and embody reputation.

Brands 94
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ACE Helps Egypt to Dismantle the Region’s Largest Piracy Site

TorrentFreak

In recent years, rightsholders have repeatedly teamed up with Egyptian law enforcement to tackle several large pirate sites and services. The Alliance for Creativity and Entertainment ( ACE ) booked several successes, shutting down domains related to popular piracy rings , streaming portals such as Egybest, MyCima , Movizland , and, more recently, Cimaclub and Cima4U.

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Artificial intelligence (AI) advocacy in the Federal Court

JD Supra Law

In April 2023, a curious law professor and lawyer submitted his “Introductory Civil Procedure” exam to ChatGPT, an AI chatbot, to see how it would score. The results were surprising: ChatGPT outperformed over 70% of his second-year law students and even provided the professor with new insights into civil procedure. Similar examples demonstrating the impressive abilities of ChatGPT and other AI tools are becoming commonplace.

Law 82
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Charitable Solicitation Registration: 3 Common Misconceptions

Cogency Global

What this is : There are a plethora of misconceptions that nonprofits have with regard to nationwide charitable solicitation registration requirements, which can lead to non-compliance and missed opportunities for taking advantage of available exemptions. What this means : This article aims to clarify a few common misconceptions and provide accurate information on charitable solicitation registration.

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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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NO FAKES Act Moves Forward with Bipartisan Support in House

IP Watchdog

On the heels of the Senate introduction of a companion bill in late July, U.S. Representatives María Elvira Salazar (R-FL), Madeleine Dean (D-PA), Nathaniel Moran (R-TX), Joe Morelle (D-NY), Rob Wittman (R-VA) and Adam Schiff (D-CA) today introduced the ‘‘Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024’’ in the House of Representatives.

Art 76
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U.S. Copyright Office Calls For A New Digital Replica Law

JD Supra Law

In today’s digital age, artificial intelligence (AI) has rapidly advanced, bringing with it unprecedented opportunities — and challenges. One of the most pressing issues is the rise of AI-generated digital replicas, commonly referred to as “deepfakes.”.

Law 73
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[Event Report] #1 Digital Knowledge – The Library and Copyright in a Global Digital Economy

The IPKat

This TechieKat is thrilled to attend the Digital Knowledge – The Library and Copyright in a Global Digital Economy conference which is taking place today and tomorrow in Stockholm, Sweden. As reported here , the event is organized by the National Library of Sweden in collaboration with the national IPO Swedish Intellectual Property Office (PRV) and the Stockholm Centre for Commercial Law at the Law Faculty at Stockholm University.

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China Boosts Regulatory Framework for Local Pharmaceutical Manufacturing

JD Supra Law

In recent years, China has introduced significant changes to its Drug Administration Law and corresponding legislation, including the nationwide Market Authorization Holder (MAH) system. These reforms aim to boost foreign investment, streamline drug approvals and registration, and improve market access. However, challenges around cross-border manufacturing, intellectual property (IP), and regulatory compliance persist, impacting both local and international companies.

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Book Review: Overlapping Intellectual Property Rights 2nd Edition

SpicyIP

We’re very happy to bring to our readers a review of one of the last (to reach completion, at least) pieces of work that our founder, Prof Basheer had been working on prior to his passing. Started in 2018, the 2nd edition of Overlapping IP Rights (OUP) was brought to completion in 2023 by his co-editor, the inimitable Prof Neil Wilkof, along with Prof Irene Calboli who came on as a co-editor following Prof Basheer’s demise.

Editing 70
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IoT update: Implementing the EU Data Act

JD Supra Law

The date of application of the EU Data Act is slowly approaching. By 12 September 2025 all IoT providers / manufacturers will need to implement the Data Act. There is still time to carry out the necessary actions to adapt to the obligations of the Data Act, but an implementation plan should be established to be ready once the moment comes. The end of the year is usually the right moment to plan the most relevant initiatives for the following year, so any company with a strong IoT business line.

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If the Barcode Doesn’t Fit: Reconsidering ‘Bodily Incorporation’ in Patent Law

Patently-O

by Dennis Crouch Many of us feel the daily pull toward coffee, and perhaps likewise toward PTAB decisions about coffee makers. I found interesting a recent pair of IPR decisions successfully brought by the Swiss Nespresso against German competitor K-Fee. This post delves into these cases and what I call the ‘glove doesn’t fit’ fallacy in patent law obviousness doctrine; it also provides a discussion of how written description continues to be a risk, even in inter partes review

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Alice Patent Eligibility Analysis Divergence Before USPTO and District Court

JD Supra Law

The Mayo/Alice framework for determining subject matter eligibility of patents under 35 U.S.C. §101 has long since antagonized both patent prosecutors and litigators alike, causing significant uncertainty in the realm of software-based technology and innovation. Adding to this uncertainty, the Patent Office applies two-step Alice analysis differently than the district courts, sometimes leading to conflicting determinations from patent examiners and judges reviewing the same claims.

Patent 68
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Report on Geographic Distribution of Copyrights Underscores Regional Variety in Creative Works

IP Watchdog

Yesterday, the U.S. Copyright Office published a report titled The Geography of Copyright Registrations, which provides detailed insights into the geographic distribution of various kinds of copyright filings originating across the United States. While copyright filings are understandably more heavily concentrated in population centers, analysis of per capita copyright filings show the impact that even a single active registrant can have on regional copyright filing activities.

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Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

JD Supra Law

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film, television, documentaries, marketing, advertising, and election materials. Meanwhile, legislators are advocating for protections against the exploitation of name, image, and likeness while attempting to balance the First Amendment rights creatives enjoy.

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From Learners to Leaders: Graduating Commerce’s Inaugural Class of Customer Experience Champions and Advocates

U.S. Department of Commerce

The U.S. Department of Commerce is excited to celebrate the first graduating class of Customer Experience (CX) Champions and CX Advocates. These 50 graduates are the Department’s newest champions and advocates for improving CX. They successfully completed industry-leading customer experience curricula provided to the Department by Forrester Research, Inc.

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Even Free Libraries Come With a Cost

JD Supra Law

The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the copyrighted books. Hachette Book Group Inc. v. Internet Archive, Case No. 23-1260 (2d Cir. Sept. 4, 2024) (Menashi, Robinson, Kahn, JJ.).

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LG, Vodafone Join Sisvel's 'Internet Of Things' Patent Pool

IP Law 360

Telecommunication giants LG Electronics, Vodafone and KT Corp. of Korea have joined Sisvel's patent pool for cellular "Internet of Things" technology.

Patent 59
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The Conversation Continues: Some Post-Patent-Termination Royalties Are Acceptable

JD Supra Law

For the second time in less than two weeks, a circuit court decided an appeal hinging on the Brulotte rule, which holds that patent royalties are impermissible when based on payments for the use of expired patents. Like the US Court of Appeals for the Ninth Circuit, the Fourth Circuit upheld a royalty agreement that purported to require payments after patent expiration.

Patent 66
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McKinsey Partner Can't Undo $11M Music Piracy Judgment

IP Law 360

An Eleventh Circuit panel Thursday upheld an $11 million federal default judgment against a McKinsey & Co. partner for pirating music, agreeing with the Georgia lower court that the motion to set aside the roughly 10-year-old order was untimely.

Music 52
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Does the United States Patent Office Protect Unpublished Applications When Searching the Internet and Artificial Intelligence Databases for Prior Art?

JD Supra Law

Short answer: Yes, but… Short answer: Yes, but… Many practitioners in sensitive technology areas file patent applications with non-publication requests or may abandon their applications if examination is not going well to avoid public disclosure of their application. Whether it is patent subject matter eligibility issues or novelty/obviousness issues that lead a practitioner to turn a patent into a trade secret, some applications may require some secrecy unless a patent will be granted.

Art 66
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Fed. Circ. Ruling Creates New Rule For Certification Marks

IP Law 360

The Federal Circuit's decision last month in Bureau National Interprofessionnel du Cognac v. Cologne & Cognac Entertainment is significant in that it establishes a new standard for assessing evidence of third-party uses of a certification mark in deciding whether the mark is famous, say Samantha Katze and Lisa Rosaya at Manatt.

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Back to the Future: Expert Can Be Skilled Artisan Based on Later-Acquired Knowledge

JD Supra Law

The US Court of Appeals for the Federal Circuit clarified that a technical expert does not need to have been a person of ordinary skill in the art (POSITA) at the time of the invention. Instead, they may rely on later-acquired knowledge to offer testimony from the vantage point of a skilled artisan at the time of the invention. Osseo Imaging, LLC v.

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A Preview Of AI Priorities Under The Next President

IP Law 360

For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

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Federal Circuit Focuses on POV Camera Technology in Latest Patent Eligibility Opinion

JD Supra Law

In Contour IP Holding LLC v. GoPro, Inc., the U.S. Court of Appeals for the Federal Circuit reversed a summary judgment in which the asserted patents were directed to an abstract idea and, thus, patent-ineligible.

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Ballard Spahr IP Pro Jumps To Taylor English In Atlanta

IP Law 360

Taylor English Duma LLP has expanded its Atlanta office with a patent procurement expert from Ballard Spahr LLP following the departures of nearly 20 lawyers who left the former in recent months for three other firms.

IP 52
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Federal Circuit Patent Watch: An Expert Need Not Have Acquired the Requisite Skill Level Prior to the Time of the Invention

JD Supra Law

Precedential and Key Federal Circuit Opinions - WISCONSIN ALUMNI RESEARCH FOUNDATION v. APPLE INC. [OPINION] (2022-1884, 8/28/2024) (Prost, Taranto, and Chen) - Prost, J. The Court affirmed two final judgments of the district court denying Appellant’s request to pursue an abandoned doctrine-of-equivalents theory and entering judgement in favor of Appellee of noninfringement.

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Lego Dodges German Rival's Block Design Challenges

IP Law 360

Lego has convinced European Union officials that two registered designs for its building blocks are valid, rebuffing challenges from a German toymaker claiming that the shapes should be nixed for lacking individual character.

Designs 52
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Tying Claimed Technological Advancements to Specific Technological Methods Is a Winning POV on Patent Eligibility

JD Supra Law

Before Reyna, Prost, and Schall. Appeal from the United States District Court for the Northern District of California. Summary: Claims are patent-eligible under 35 U.S.C. § 101 where the written description discloses improving technology through specific technological means and the claims reflect that improvement.

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Court Seriously Overstepped In EUIPO Appeal, ECJ Told

IP Law 360

The General Court of the European Union overstepped when it decided to amend part of a decision by EU intellectual property office based on a plea that it had raised in proceedings, an adviser told the bloc's highest court on Thursday.