Tue.Mar 18, 2025

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Commerce Secretary Disbands PPAC and TPAC

IP Watchdog

IPWatchdog has learned that Commerce Secretary Howard Lutnick has decided to end all current appointments to both the Patent Public Advisory Committee (PPAC) and Trademark Public Advisory Committee (TPAC), effective immediately. Secretary Lutnick is expected to appoint new members to both public advisory committees (PAC) and move forward with public meetings for both committees in May 2025, as originally scheduled.

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Why AI Watermark Removal is Not a Game Changer

Plagiarism Today

Users report that Google's new AI model, Gemini 2.0 Flash, is exceptionally good at removing watermarks. Here's why it isn't a major shift. The post Why AI Watermark Removal is Not a Game Changer appeared first on Plagiarism Today.

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New Decision Expands Protection for Foreign Brand Owners

JD Supra Law

A recent precedential decision enlarges the protection for foreign trademark owners. Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025). The decision is a nod to foreign trademark owners to control their reputation and consider the "misrepresentation of source" as a claim in an opposition or cancellation proceeding when a defendant is deliberately copying and intentionally misleading consumers.

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3 Count: Hollywood Unity

Plagiarism Today

Hollywood members ask for protection against AI training, Webtoon companies seek max penalty for pirate and Cardi B wins Enough Miami case. The post 3 Count: Hollywood Unity appeared first on Plagiarism Today.

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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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Delaying Examination of Continuing Applications Could Sabotage USPTO Goals

JD Supra Law

Rumor has it that one of many behind-the-scenes changes being implemented at the USPTO relates to how (or when) continuing applications are taken up for examination. Typically, an examiner may give priority to a continuing application based on its U.S. priority date. That could change, with placement in the examination queue being based on the actual filing date of the continuing application itself.

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Why There are Currently Two Preliminary Injunction Regimes at the UPC

IP Watchdog

In the European IP system, and thus also in the European patent system, the concept of injunction is central. This also applies to the Unified Patent Court (UPC); here, there are even two ways to obtain an injunction, one with a normal regular action on the merits and one by means of a preliminary injunction. Through the end of February 2025, 56 applications for preliminary injunctions were filed with the UPC compared to 270 actions on the merits.

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How to Avoid Getting Wrong Patents for Amazon Sellers

Patent Trademark Blog

What are the right patents for Amazon sellers? Amazon sellers face a unique challenge in stopping competitors from selling copycat products. Traditional patents that might work in the courts may not be the best type of IP protection for online sales on the e-commerce platform. Since Amazon uses their own legal system for adjudicating patent disputes , sellers need to know how to play the IP game Amazon’s way.

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K&C Sports & Entertainment Law Weekly Roundup - March 2025 #3

JD Supra Law

FormerUniversity of Michiganfootball players are fighting to keep a proposed class action seeking $50 million in compensation for their names, images and likenesses in Michigan federal court and fend off what they called premature dismissal bids from the NCAA and Big Ten Network.

Law 73
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DC Circ. Denies Copyright for AI-Created Artwork

IP Law 360

The D.C. Circuit Court of Appeals on Tuesday affirmed the U.S. Copyright Office's refusal to register an artwork created by an artificial intelligence model, saying the government correctly concluded that copyright law protects only works from humans.

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How to Develop a Successful Trade Secret Litigation Strategy: 7 Best Practices for In-House Counsel

JD Supra Law

In todays competitive business environment, trade secrets have emerged as some of an organizations most prized assets. They are the hidden formulas, proprietary processes, and specialized know-how that give companies their unique edge over rivals. For in-house counsel, managing these intangible assets is a responsibility that goes far beyond simply ensuring confidentiality.

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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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Miley Cyrus Must Keep Facing 'Flowers' Song Copyright Suit

IP Law 360

A California federal judge on Tuesday denied singer Miley Cyrus' bid to escape a lawsuit accusing her and her chart-topping "Flowers" co-writers of copying a Bruno Mars hit, rejecting arguments that the music investment company that filed the complaint couldn't sue because it isn't the sole owner of rights to Mars' song.

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Prolia® / Xgeva® (denosumab) Biosimilar Updates: Celltrion Biosimilar Approval, Amneal aBLA Filing, and Fresenius Kabi Litigation Settlement

JD Supra Law

On February 28, 2025, the FDA approved Celltrions Stoboclo / Osenvelt (denosumab-bmwo) as the third company to receive FDA approval of biosimilars of Amgens Prolia / Xgeva (denosumab)..

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Netlist Slams Samsung's 'Abuse Of Power' As 3rd Trial Begins

IP Law 360

Samsung Electronics Co. engaged in a "raw abuse of power" when it breached the terms of a patent licensing agreement with chipmaker Netlist Inc., a jury heard Tuesday as the contract dispute went to trial for the third time in California federal court.

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Navigating IP in Government Contracts

JD Supra Law

For space, defense, and industrial technology companies, securing government contracts is often a major growth milestone. But without a clear IP strategy, working with agencies like NASA or the Department of Defense (DoD) can put a startups long-term technology ownership at risk.

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Music Publishers, Anthropic Fight Over Song Lyric Discovery

IP Law 360

Music publishers urged a California federal magistrate judge Tuesday to order artificial intelligence company Anthropic to produce certain song lyric data from both before and after Anthropic implemented "guardrails" to prevent Anthropic's AI tool "Claude" from outputting copyrighted lyrics, while Anthropic slammed the discovery request as overly broad.

Music 52
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Federal Circuit Affirms Denial of Injunction Against Amgen in Aflibercept BPCIA Litigation

JD Supra Law

On March 14, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the District Court for the Northern District of West Virginias denial of a preliminary injunction against Amgen Inc. (Amgen) in the ongoing aflibercept BPCIA litigation.

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ITC To Review Whether Tourniquet Importers Are Ignoring Ban

IP Law 360

The U.S. International Trade Commission said that it is going to look into claims from a tourniquet maker that importers are ignoring a ruling last year that banned foreign counterfeit products.

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When the Machine Becomes the Creator: Artificial Intelligence v. the Human Creator Requirements of U.S. Copyright Law

JD Supra Law

On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was can a non-human machine be an author under the Copyright Act of 1976?

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Apple Arcade Accused Of Infringing Download Patent

IP Law 360

Apple was hit with a lawsuit Tuesday in Delaware federal court alleging its Arcade subscription service infringes a patent covering the process of searching for and downloading games.

Patent 52
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Time To “Dew” It Again. 

JD Supra Law

Dewberry Group, Inc., FKA Dewberry Capital Corp v. Dewberry Engineers Inc., No. 23-900, 604 U.S. (2025) - On February 26, 2025, the United States Supreme Court unanimously overturned a $43 million damages award arising out of a trademark infringement lawsuit.

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Commerce Chief Removes USPTO Advisory Panel Members

IP Law 360

Commerce Secretary Howard Lutnick on Tuesday ended the terms of every member of two U.S. Patent and Trademark Office committees made up of individuals from outside the office who advise it on patent and trademark policies.

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@ArtistRights Institute Newsletter 3/17/25

The Trichordist

Artist Rights Institute news digest newsletter for 3/17/25

Music 52
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Fed. Circ. Says It Can't Review Realtek's ITC Sanctions Fight

IP Law 360

The Federal Circuit ruled Tuesday that the appeals court can't tell the U.S. International Trade Commission to explain why it declined Taiwan-based chipmaker Realtek Semiconductor Corp.'s request for a "sua sponte ruling" over a rival's alleged conduct in a dropped patent investigation.

Patent 52
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How to Grind Your Organization to a Standstill—Part 2

Christopher Roser

In my last post I started a sarcastic post on how to bring your organization to a standstill… not because I want that, but so you can see what NOT to do to in order to improve your organization. Many of the ideas are based on the US Simple Sabotage Field Manual and the Total.

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China High Court Ruling Could Encourage Antitrust Litigation

IP Law 360

Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.

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Secretary of Commerce Clears House at USPTO Advisory Committees

Patently-O

by Dennis Crouch In an unprecedented move, the Secretary of Commerce is terminating all current appointments to the Patent Public Advisory Committee (PPAC) and Trademark Public Advisory Committee (TPAC), effectively removing the entire membership of both committees. New members will apparently be appointed shortly, with the USPTO planning to proceed with previously scheduled public committee meetings in May 2025.

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Magistrate Finds Bausch Eye Vitamin Case Should Go To Jury

IP Law 360

The maker of eye care product MacularProtect shouldn't geta ruling clearing it fromallegations it infringed Bausch & Lomb patents related to its PreserVision vitamin based on a doctrine allowing patent holders to claim infringement if an accused product is similar enough to the patented invention, a federal magistrate judge in Delaware has said.

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25 Tips in Trademark Trial and Appeal Board cases

Erik K Pelton

The following is an edited transcript of my video 25 TTAB Tips. Cases before the trademark trial and appeal board can be very complicated. There’s a set of procedures, rules, and case law that governs cases at the Trademark Trial and Appeal Board or TTAB, and following are 25 key terms or concepts that anyone getting involved in a TTAB case ought to know.

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Motorola Gets PTAB To Wipe Out Video Streaming Patent

IP Law 360

The Patent Trial and Appeal Board has ruled that Motorola has shown that all the challenged claims in a patent on providing access to video streams over a network are invalid, finding they were too obvious to warrant patent protection.

Patent 52
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Infinite loop (updated and bumped)

Likelihood of Confusion

Originally posted 2014-08-07 16:31:48. Republished by Blog Post PromoterOriginally published on July 22, 2011; see update at bottom!) It can only mean one thing when you read this in a news article: On Friday morning, the RIAA released a brief statement; “We disagree with this decision and are considering our next steps.” That’s right: It […] The post Infinite loop (updated and bumped) appeared first on LIKELIHOOD OF CONFUSION.

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DraftKings Must Face Claims In MLB Players' NIL Suit

IP Law 360

DraftKings has failed to convince a Pennsylvania federal judge to toss a lawsuit against it claiming the company unlawfully used images of MLB players for promotional purposes, as the court rejected the argument that using the pictures was protected speech.

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Piracy Shield: New Technical & Operational Requirements For 2025

TorrentFreak

The official launch of Piracy Shield on Saturday February 1, 2024, played out more quietly than many had predicted. The next five days saw the blocking of just 11 IP addresses, adding weight to the theory that the system still wasn’t quite ready. After several months the volume of IP addresses and FQDNs (fully qualified domain names) dramatically increased but not before overblocking entered the equation.

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AI Health Care Co. Accuses Test-Maker Of Infringing Patents

IP Law 360

Artificial intelligence-powered diagnostics company Tempus AI has accused medical test-maker Guardant Health of infringing numerous patents related to health care records platforms and ways of pinpointing patient biomarkers.

Patent 52
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Queen’s University Trustees Reject Divestment Efforts Emphasizing the Importance of Institutional Neutrality

Michael Geist

The Queens University Board of Trustees last week rejected efforts to require divestment of the universitys endowment and investment funds from companies conducting business with or in the State of Israel and declined to implement a negative screening process for future investments. The decision, which adopted a review committees assessment , stands as one of the more detailed analysis of the issue at a Canadian university.

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How Fed. Circ. Ruling Complicates Patent Infringement Cases

IP Law 360

The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.