Thu.Aug 01, 2024

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3 Count: Olympic Takedowns

Plagiarism Today

Lawsuit against OpenAI gets trimmed, the IOC sends thousands of takedown notices and Garry's Mod resolves DMCA dispute over Skibidi Toilet. The post 3 Count: Olympic Takedowns appeared first on Plagiarism Today.

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Can You Prevent AI From Scraping Your Website Data? District Court Says Answer Lies in Copyright Law

JD Supra Law

As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies. Though many websites have attempted to prohibit AI data scraping of their content through their terms of use, a federal court clarified this year that the extent to which public data may be scraped from social media platforms should be governed by federal copyright law.

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Understanding the NO FAKES Act

Plagiarism Today

A new bill aims to protect individuals from AI deepfakes by using copyright as a template. But will it actually work? The post Understanding the NO FAKES Act appeared first on Plagiarism Today.

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FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

JD Supra Law

This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be essential to industry standards (SEPs) and are subject to commitments to be licensed on fair, reasonable and non-discriminatory (FRAND) terms.

Licensing 121
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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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Copyright Office Recommends Unassignable Federal Right to Digital Replicas in First Generative AI Report

IP Watchdog

On the same day that a group of senators introduced a bill—the “NO FAKES Act”—to create a right for individuals to control digital replicas of their voice and likeness, the U.S. Copyright Office issued a report addressing digital replicas created by artificial intelligence (AI). This is part one of the agency’s broader report on issues related to the exploding use of generative AI platforms.

Reporting 115
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Jan Vishwas (Amendment of Provisions) Act Comes Into Force Today

SpicyIP

In the wake of the Ministry of Commerce and Industry’s announcement to bring the Jan Vishwas (Amendment of Provisions) Act in force on August 1, we are pleased to bring to our readers a tidbit on the development by SpicyIP intern Aditi Bansal. Aditi is a fourth year law student studying at OP Jindal Global University. She is incredibly passionate towards IP laws and its workings.

Business 110

More Trending

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Be an Expert: Precedential PTAB Decision on Conclusory Expert Testimony

JD Supra Law

A recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on expert declarations in their inter partes reviews (“IPR”). On August 24, 2022, the PTAB denied institution of an IPR filed by Xerox Corp., ACS Transport Solutions, Inc., Xerox Transport Solutions,…. By: Baker Botts L.L.P.

Patent 107
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DHC strikes the Right Chord Clarifying that a Pending Compulsory License Application Will Not Justify Allegedly Infringing Activity to Continue 

SpicyIP

On July 12, 2024, the Delhi High Court (DHC) issued two orders in a matter involving a dispute between Phonographic Performance Limited (PPL) and Al-Hamd Tradenation concerning interim injunctions and compulsory licensing (CL). This post analyses the astuteness of the two orders and the implications this jurisprudence will have on future litigations involving similar matters.

Licensing 105
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Federal Circuit Affirms PTAB Win for Unified But Clarifies Reading of Rehearing Regulation

IP Watchdog

In a precedential decision today, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld a Patent Trial and Appeal Board (PTAB) determination that all claims of a patent on voice command technology were unpatentable, but clarified that arguments not raised in a PTAB request for rehearing are not necessarily forfeited on appeal.

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The Internet of Things: A threat to yummy trademarks?

Likelihood of Confusion

Originally posted 2015-01-30 12:02:44. Republished by Blog Post PromoterThis item came across the ether yesterday: RT @adage: Edible 3-D food printing becomes a reality at Hershey [link] pic.twitter.com/LVWDV2ioe2 — Likelihood TM Blog (@likely2confuse) January 29, 2015 Adorable. Delicious. Here’s what it is: Need an afternoon chocolate break? Turn on the CocoJet 3-D printer and make […] The post The Internet of Things: A threat to yummy trademarks?

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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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Judgments vs. Judgment Liens | Impacting Public Record Due Diligence - Cogency Global

Cogency Global

What this is : If you are responsible for conducting public record due diligence searches, then your due diligence checklist includes UCC , state and federal tax liens , judgments and federal intellectual property searches or some combination thereof along with other important closing tasks. After all, these are standard practice in the M&A and financing domains and generally everyone knows what is needed for these types of transactions.

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Decoded - Technology Law Insights, V 5, Issue 6, July 2024

JD Supra Law

Welcome to our seventh 2024 issue of Decoded - our technology law insights e-newsletter. We have a few events we want to pass along to those interested in technology, but also other areas of law and business.

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10 IP Books to Pack in Your Summer Totes

The IPKat

Picture this: you're lounging somewhere in the Mediterranean relaxed and carefree under your beach umbrella. A gentle summer breeze is rustling the pages of the self-improvement book you bought from the corner kiosk, the one that promised to solve all your problems in ten simple steps. But there's a problem: it's dreadfully boring. So, what do you do?

IP 67
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[Video] The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.

JD Supra Law

Music and Trademark lawyer Tamera Bennett and TV and Film lawyer Gordon Firemark discuss: Jury Rules NFL Owes 4 billion in Anti-Trust case; Record labels sue Suno and Udio over generative AI training for AI music generators; Parkland Shooter’s Life Rights conveyed to a Victim; Nashville School Shooter Copyright in Journals assigned to Victim’s Families; Gibson Guitar Trademark Dispute - Jury should have heard evidence of third party use vis-a-vis genericness; U.S.

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Ohio Judge Must Add Overhead-Door Patent Owner To IP Suit

IP Law 360

An Ohio federal judge must attach Cold Chain LLC to patent infringement litigation its licensee has filed against companies tied to commercial trucking, the Federal Circuit held Thursday.

Patent 52
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EU AI Office Seeks Stakeholder Engagement in Drafting AI Act Implementing Rules

JD Supra Law

The EU AI Office has just published a consultation on the topics that should be covered by the first general-purpose AI (GPAI) Code of Practice and a call for interest to participate in drafting the Code.

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Amazon Scores Default Win Against Counterfeit Sellers

IP Law 360

Amazon secured a default judgment Thursday in Washington federal court against sellers of counterfeit luxury goods who worked with social media influencers to promote fake Hermes, Chanel and Christian Dior products, after the sellers failed to respond to Amazon's complaint by deadline.

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FDA Accepts Bio-Thera’s aBLA for Proposed Stelara® (Ustekinumab) Interchangeable BAT2206

JD Supra Law

On July 24, 2024, Bio-Thera Solutions announced the FDA acceptance of its aBLA for BAT2206 (ustekinumab), a proposed biosimilar of Janssen and Johnson & Johnson’s Stelara® (ustekinumab), with a request for interchangeability.

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11th Circ. Affirms Zurich Needn't Pay Judgment Against Agent

IP Law 360

In a pair of opinions issued Thursday, the Eleventh Circuit revived a copyright claim by Compulife but rejected the software company's bid to force Zurich American Insurance Co. to pay for a judgment against an insurance agent who allegedly helped three others misappropriate the company's trade secrets.

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House Settlement Submitted for Court Approval: Impact on the Future of College Athletics

JD Supra Law

On July 26, the plaintiffs in In Re: College Athlete NIL Litigation (a/k/a the House litigation) filed formal settlement documents (i.e., the proposed settlement) with the U.S. District Court for the Northern District of California, thereby advancing the settlement approval process in the hopes of concluding the class-action lawsuits involving the National Collegiate Athletics Association (NCAA) and the Power Five athletics conferences — the ACC, Big Ten, Big 12, Pac-12, and the SEC.

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Journalist Don Lemon Hits X, Musk Over Axed Talk Show Deal

IP Law 360

Elon Musk and his social media platform X unlawfully plied former CNN anchor Don Lemon with "false promises and representations" to reel him into a partnership to produce a talk show and other exclusive content, then proceeded to unceremoniously cancel the deal before it could get off the ground, the journalist alleged in a lawsuit filed Thursday.

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Beware Equitable Doctrine of Issue Preclusion in Multiparty, Multivenue Patent Campaigns

JD Supra Law

Addressing for the first time whether an invalidity order merges with a voluntary dismissal for purposes of finality, the US Court of Appeals for the Federal Circuit held that an interlocutory order merges with the final dismissal, rendering the interlocutory order final for purposes of issue preclusion. Koss Corp. v. Bose Corp., Case No. 22-2090 (Fed.

Patent 71
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Alter Egos Say Rival Pool Co. Jumped The Gun On Discovery

IP Law 360

The alter egos of bankrupt pool supply company Blueworks Corp. have rebuffed claims that they "simply refuse to answer" requests for discovery from rival Hayward Industries Inc. in its quest to secure a $16 million false advertising and deceptive trade practices judgment.

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Legislators Introduce RESTORE Act

JD Supra Law

U.S. Senator Chris Coons (D-DE), along with Sen. Thom Tillis (R-NC), have been the motivating force for patent reform for almost a decade, primarily in their efforts to roll back legislative efforts and judicial decisions having negative effects on U.S. innovation and the patent system.

Patent 71
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TTAB Won't Allow Retail TM For Amazon Affiliate Site

IP Law 360

The Trademark Trial and Appeal Board in a precedential decision Wednesday upheld a refusal to register a trademark to an Amazon affiliate site that provides referrals but is not actually engaged in retail, delivering a blow to the owner of a culinary website who earns commissions for directing consumers to products sold by third parties.

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Discussion Guide for PMPRB Phase 2 Consultations on New Guidelines outlines proposed new framework for patented medicine price review

JD Supra Law

As previously reported, the Patented Medicine Prices Review Board (PMPRB) published a Discussion Guide for Phase 2 Consultations on New Guidelines as part of a three-phase consultation process that started in September 2023. This article provides an overview of the price review framework proposed by the PMPRB and key topics on which stakeholder feedback is sought.

Patent 71
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Philip Morris Regains PTAB Win After Fed. Circ. Loss

IP Law 360

The Patent Trial and Appeal Board has again invalidated an R.J. Reynolds unit's vape patent in a challenge initiated by Philip Morris Products SA, following a brief respite for the patent owner at the Federal Circuit.

Patent 52
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UK Court of Appeal Increases FRAND Rate, Applies It Outside Limitations Period

JD Supra Law

The UK Court of Appeal found that the UK High Court of Justice applied flawed reasoning in setting a global fair, reasonable and non-discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G cellular technologies. Interdigital Tech Corp. et al. v. Lenovo Group Limited, Case Nos. CA-2023-001489; -001492 (July 12, 2024) (Arnold, Nugee, Birss, LJ.

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Airbnb's $1.3B Bill From IRS Overvalues IP, Tax Court Told

IP Law 360

Airbnb is challenging a $1.3 billion tax bill tied to income the IRS allocated from overseas, telling the U.S. Tax Court the agency overvalued intellectual property the home-rental giant licensed to its Irish affiliate before going public.

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Developers’ Liability for Infringing Generative-AI Outputs

JD Supra Law

The advent of generative-AI tools has brought challenging questions of accountability to the forefront, especially when those tools generate content that may infringe on someone’s copyright. Determining liability—whether it falls on the user who prompted the tool, or the company that developed the tool—is complex. As technology outpaces current legal frameworks, courts have been cautious in navigating these unexplored areas of law and liability.

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Fed. Circ. Denies PTAB Overreach In Voice Tech IP Invalidation

IP Law 360

The Patent Trial and Appeal Board properly invalidated a Voice Tech Corp. patent directed to the use of voice commands and did not make up a new theory in favor of challenger Unified Patents LLC, the Federal Circuit said Thursday.

IP 52
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Don’t Mess With Anna: Texas Town Schools Patent Owner on § 101

JD Supra Law

On cross-appeals from a granted Fed. R. of Civ. Pro. 12(c) motion on subject matter eligibility, the US Court of Appeals for the Federal Circuit found that a patent directed to a method for “assist[ing] an investigator in conducting a background investigation” did not claim patent-eligible subject matter, but that the mere assertion of the patent did not render the case “exceptional” for the purposes of attorneys’ fees.

Patent 68
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PTAB Takes Out Last Patent From Google's $12M Trial Loss

IP Law 360

Google has persuaded the Patent Trial and Appeal Board to invalidate all Flypsi Inc. patent claims tied to the tech giant's $12 million infringement loss in the Western District of Texas.

Patent 52
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When Algorithms Meet Regulators - The Unexpected Vulnerability of AI Trade Secrets

JD Supra Law

Companies deploying and developing Artificial Intelligence (“AI”) face a critical intellectual property dilemma: How should I protect AI trade secrets in a regulatory landscape that demands transparency? By: Baker Botts L.L.P.

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Former Stimlabs Exec Doesn't Have To Hand Over Devices

IP Law 360

A Georgia federal judge on Thursday blocked a biomedical technology company's bid to seize the digital devices of a former executive accused of downloading thousands of internal files containing sensitive product information in the days and weeks leading up to her ouster from the company this year.