The Illusion of More

JANUARY 15, 2024

Lately, we’ve seen several headlines and comments from tech giants say that AI ventures simply cannot succeed if they are forced to contend with the copyrights in the billions of works they have scraped for the purpose of machine learning (ML). When these headlines are paired with the rampant assertions that ML is inherently fair […] The post “Fair Use” is Not a Great Business Plan appeared first on The Illusion of More.

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JD Supra Law

JANUARY 15, 2024

Case Name: Novartis Pharms. Corp. v. Mylan Pharms. Inc., Civ. No. 19-cv-201, 2023 WL 4375445 (N.D.W.V. July 6, 2023) (Kleeh, J.) - Drug Product and Patent(s)-in-Suit: Entresto® (sacubitril / valsartan); U.S. Patents Nos. 8,877,938 (“the ’938 patent”) and 9,388,134 (“the ’134 patent”).

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Patent 118

TorrentFreak

JANUARY 15, 2024

Back in 2004, when LimeWire was the file-sharing client of choice for millions of users, FrostWire appeared as the new kid on the block. The application began life as a LimeWire fork but underwent several changes over the years. In 2016, it added support for torrents and, five years later, it completely dropped its Gnutella base in favor of BitTorrent.

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Music Copyright Infringement Copyright Copying 115

Nelligan Law

JANUARY 15, 2024

Reading Time: 2 minutes Tiger Woods’ remarkable golf career and his 27-year partnership with Nike stand as a testament to sports marketing, branding, and trademark protection. Recent ripples in this bromance have left aficionados (around our office) speculating about the destiny of Woods’ trademark “Sunday red” ensemble. Back in ’96, Woods and Nike weren’t just exchanging high-fives for endorsements.

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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?

Technology

Olartemoure Blog

JANUARY 15, 2024

Hats, with a history dating back to 3000 BC, have served various purposes from religious to protective, heating, and social. As we celebrate National Hat Day, let’s explore five distinct hats that capture the essence of modern headwear, along with the IP contributions that shaped their success. Bucket hat: The bucket hat’s resurgence can be linked to designers like Kangol.

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Branding Branding Brands Intellectual Property 105

IP and Legal Filings

JANUARY 15, 2024

Contract of Guarantee A contract of guarantee is defined as a pledge to perform or to release the defaulting party from obligation in the event that the other party breaches the agreement in Section 126 of the Indian Contract Act. There are three parties in contract. Principal Debtor: The person who borrows, is responsible for payment, and to whom a guarantee is provided in case of default Creditor: The person to whom a valuable item has been entrusted to borrow, who is entitled to payment for i

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Contracts Business Government IP 94

IP and Legal Filings

JANUARY 15, 2024

Introduction Labour laws must include maternity and family leave policies to accommodate the requirements of workers during important life events and to advance gender equality at work. In order to guarantee employment safety and support for employees during maternity, paternity, and family-related conditions, two historic pieces of legislation—the Maternity Benefit Act of 1961 in India and the Family and Medical Leave Act (FMLA) in the USA— were passed.

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Law Government Publishing Business 95

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? This unprecedented scenario unfolded when Mr. Thaler, the applicant, approached the UK Patent Office with two patent applications. Uniquely, he declared that he was not the inventor; instead, he attributed the creations to his AI system named DABUS.

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TorrentFreak

JANUARY 15, 2024

TV drama ‘Mr Bates vs The Post Office’ tells the story of the Post Office ‘Horizon’ scandal and the lives torn apart by 700 “successful” private prosecutions of entirely innocent self-employed subpostmasters. After the miniseries was seen by millions earlier this month, private prosecutions – which allow alleged victims of crime to prosecute their own criminal cases – are now a topic of national debate.

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Copyright Branding Branding Brands 97

JD Supra Law

JANUARY 15, 2024

Cybersecurity and data protection often involve the protection of data and intellectual property (“IP”), such as trade secrets, from outside threats, but is your company prepared to defend against threats from the inside? The trending hybrid and remote work models in the wake of the COVID-19 pandemic have revealed that corporations have sub-par data protection and cybersecurity protections to defend their IP from inside the building (or their employees’ living rooms).

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Intellectual Property IP 86

Advertiser: IPO

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.

Patent

Technology & Marketing Law Blog

JANUARY 15, 2024

Facebook * Meta Platforms, Inc. v. District of Columbia , 2023 WL 5964764 (D.C. Ct. App. Sept. 14, 2023). This is the latest ruling in an investigation by DC Attorney General into Meta’s content moderation practices, especially regarding COVID-19 policies. “The District, perceiving a mismatch between these public statements and the widespread dissemination of vaccine misinformation on Facebook, is investigating Meta’s potential violations of the CPPA.” Investigations like this should

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Social Media Advertising Advertising Publishing 71

JD Supra Law

JANUARY 15, 2024

On January 10, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (Draft Regulation) was published in the Gazette Officielle du Québec. The Draft Regulation was eagerly anticipated by the legal community and businesses affected by the amendments to the Charter of the French Language (French Charter) introduced in June 2022 by the Act respecting French, the official and common language of Québec (Bill 96).

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Business Publishing 75

43(B)log

JANUARY 15, 2024

Thanks, Library of Congress! My search for depictions of the dueling Tea Rose flours in Hanover Star Milling Co. v. Metcalf, 240 U.S. 403 (1916), had previously been futile, but not any more.

Trademark 64

Trademark 64

JD Supra Law

JANUARY 15, 2024

In AO Kaspersky Lab v. Open Text Inc., the PTAB denied inter partes review after determining that a screenshot of a GitHub repository was insufficient to establish that a whitepaper posted to that repository qualified as a printed publication. IPR2023-00895, Paper 7 at 9 (Dec. 7, 2023) (“Decision”). This IPR involves U.S. Patent No. 10,284,591 (“the ’591 patent”), directed to systems and methods that monitor, block, and report bugs or malware hidden in computer programs.

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Reporting Patent 75

Kluwer Copyright Blog

JANUARY 15, 2024

Photo by Joey Csunyo on Unsplash In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. What about ‘Down Under’? Which copyright issues has the Australian government been grappling with? Over the last few years, the Australian government has been observing public consultations on AI and IP issues that have been conducted in other jurisdictions, e

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Copyright Government Fair Use Copyright Law 63

JD Supra Law

JANUARY 15, 2024

This post summarizes a newly published draft regulation (“Draft Regulation”) that, if passed, will amend the Québec Charter of the French Language (“Charter”) and the Regulation respecting the language of commerce and business in certain key areas, such as commercial contract drafting and the use of English-language trademarks. See our posts from August 2022 and June 2023 for a summary of the main business-related changes that Bill 96 made to the Charter.

Contracts 71

Contracts Trademark Business Publishing 71

Bio Law Blog

JANUARY 15, 2024

Head of Life Sciences Irena Royzman and associate Daniel Williams co-authored a Law360 article titled “Supreme Court Amgen Ruling's Major Effect On Enablement,” which was published on Jan. 16, 2024. The article examines the impact of the Supreme Court's decision on the direction of the law. Read the article here.

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Publishing Law 52

JD Supra Law

JANUARY 15, 2024

Hosted by American Conference Institute, the 2nd Annual Forum on IP, Funding and Tech Strategies for Novel Therapeutic Modalities returns for another exciting year with curated programming that will highlight leveraging technology, safeguarding IP, and securing funding to accelerate development in the RNA, gene editing tech and regenerative medicines.

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IP Editing Technology 71

LexBlog IP

JANUARY 15, 2024

(part 1 of 3) This series of posts follows Collin’s earlier posts on Corporate Transparency. Thank you, Collin, for paving the way! For that helpful context, please see Collin’s posts here and here. The purpose of this series is to dig a little more into the “nuts and bolts” of who must be reported, the mechanisms for the reporting, and the timing of the reports.

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Reporting Ownership Government Business 52

JD Supra Law

JANUARY 15, 2024

Judge Wu in the Central District of California recently granted dismissal of patent infringement claims directed to generating and sharing video content over a social network because they are patent ineligible under 35 U.S.C. § 101. After deciding claim construction, the court held that the claims fail the Alice two-step framework.

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Patent Patent Infringement 68

Velocity of Content

JANUARY 15, 2024

Last spring, not long after OpenAI launched ChatGPT , an AI working group in the US House of Representatives obtained 40 licenses for the generative AI tool. ChatGPT and other available AI tools now conduct systematic review of scientific literature for government officials by searching millions of information sources. And the machines are expected to do much more in years ahead.

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Government Publishing Licensing Technology 52

JD Supra Law

JANUARY 15, 2024

The importance of claim construction, and how construing the same term facing a challenge based on different prior art in separate inter partes review proceedings can result in contrary findings on invalidity, was illustrated by the Federal Circuit's decision recently in Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc.

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Art 68

LexBlog IP

JANUARY 15, 2024

On 30 November 2023, the Digital ID Bill 2023 (Cth) and the Digital ID (Transitional and Consequential Provisions) Bill 2023 (Digital ID Bills) were introduced in the Australian Senate. Digital IDs are designed to provide individuals with a convenient way to verify their identity when completing certain online transactions and dealing with government and certain [.

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Government Design Designs Intellectual Property 52

JD Supra Law

JANUARY 15, 2024

Nick Saban's retirement wasn't the sole focus of this week's headlines in college sports. In the realm of name, image, and likeness (NIL), the NCAA Division I Council took significant steps in reforming collegiate NIL rules during its annual meeting on January 10. The unanimous adoption of a proposal aimed at providing student-athlete protections related to NIL deals marked a noteworthy development, set to become effective on August 1, 2024.

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IP Law 360

JANUARY 15, 2024

U.S. Customs and Border Protection has found that redesigned versions of the Apple Watch without a blood oxygen monitor are not subject to an import ban in a patent dispute with Masimo, according to a Monday court filing by Masimo.

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Patent 52

JD Supra Law

JANUARY 15, 2024

On January 10, 2024, Senators Chris Coons and Thom Tillis introduced a bill titled Improving Efficiency to Increase Competition Act (“IEICA”). The IEICA would require that the Comptroller General provide a report to certain Congressional Committees regarding the Bayh-Dole Act and “specifically with respect to the requirements under that [Act], and the regulations implementing that [Act], that a contractor under a funding agreement with a Federal agency must follow with respect to patent.

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Reporting Patent 66

LexBlog IP

JANUARY 15, 2024

Introduction In a significant development, the UAE has introduced remarkable amendments to its Federal Arbitration Law through Federal Decree-Law No. 15/2023. This law, which amends certain provisions of Federal Law No. 6/2018 on Arbitration, brings about significant changes aimed at strengthening the arbitration process in the UAE. Amendment to Article 10 – Qualifications of the Arbitrator One of the key amendments is to Article 10 of Federal Law No. 6/2018, which outlines the qualificati

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Law Technology Government Intellectual Property 52

JD Supra Law

JANUARY 15, 2024

For many companies with identifiable characters, preserving and extending their copyright protections is a top priority. As of January 1, 2024, several famous works have lost their copyright protection and entered into the public domain.

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Registration Copyright Public Domain 66

LexBlog IP

JANUARY 15, 2024

In furtherance of the National Cybersecurity Strategy announced March 2023, HHS has released an Introduction to the Strategy of the U.S. Department of Health and Human Services for Healthcare Sector Cybersecurity. Click here for the PDF.

Intellectual Property 52

Intellectual Property 52

JD Supra Law

JANUARY 15, 2024

Petitioner Allowed to Proceed in “Understudy Role” - In American Honda Motor Co., Inc. v. Neo Wireless, LLC, IPR2023-0791 (P.T.A.B. March 30, 2023), American Honda Motor Co., Inc. (“Honda”) filed a “copycat” Petition requesting institution of an inter partes review of claims 1–14 of U.S. Patent No. 10,075,941.

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Patent 63

Indiana Intellectual Property Law

JANUARY 15, 2024

In the modern era of technological advancements and the burgeoning landscape of online commerce, the interconnection of patent law with the dynamics of e-commerce platforms presents intricate challenges. A recent legal dispute between Wenzhou Xin Xin Sanitary Ware Co., Ltd. (“Sanitary Ware” or “Plaintiff”) and Delta Faucet Company (“DFC”) illuminates the complexities faced by international entities selling products on major online platforms like Amazon , parti

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Patent Patent Infringement Patent Law Technology 52

SpicyIP

JANUARY 15, 2024

Here is a brief recap of IP developments from last week. Do read our summaries of the post about a party seeking help from gods in a trademark dispute and the post on Makemytrip ad words case. Blogposts Angering the Gods: A Relook at the VBM Trademark Infringement Case Image from here Holy Trinity of Hindu Gods against trademark infringement allegations?

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Public Domain Trademark Registration IP 52

The IPKat

JANUARY 15, 2024

Italian fashion company Cris Conf S.p.A. owns a figurative trade mark depicting two birds on a ring. It opposed an application for identical goods depicting a butterfly on a ring. By decision dated 11 January 2024 (available only in the original version in Italian ) the EUIPO’s Opposition Division rejected the opposition since the mere association with an animal species is not sufficient to evoke conceptual similarity.

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LexBlog IP

JANUARY 15, 2024

Contracts are the backbone of business transactions and legal relationships. They provide parties with clarity, security, and enforceability for their obligations and rights. In the interest of efficiency and cost-effectiveness, some individuals and businesses may be tempted to reuse contracts for similar purposes. However, this practice can pose significant legal risks and drawbacks.

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Contracts Intellectual Property Litigation Business 40

CoCal IP Law Institute

JANUARY 15, 2024

Please join us at noon Monday, January 22, 2024 where we will view a video describing copyright issues surrounding the James Bond movies and books. video link here Guy Cumberbatch, of counsel to SoCalIP, will present. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to [.

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Litigation Copyright Fair Use Ownership 40