Wed.Feb 05, 2025

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Fake Battles, Real Explosions

Plagiarism Today

EA and DICE recently shared concept art from their upcoming Battlefield game. However, one of the explosions was a bit-too-real. The post Fake Battles, Real Explosions appeared first on Plagiarism Today.

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Report Indicates PTAB Judges Will Soon Be Required to Return to In-Person Work

IP Watchdog

According to Bloomberg Law, the administrative patent judges (APJs) of the U.S. Patent and Trademark Offices (USPTOs) Patent Trial and Appeal Board (PTAB) will be asked to return to the office as soon as February 24a move which former USPTO Director Kathi Vidal said would make the PTAB inefficient and unable to keep up with its current timelines for decisions.

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3 Count: $10 Million Fight

Plagiarism Today

The New York Times has spent $10.8 million in OpenAI fight, UK Parliament weights AI regulations and police raid South African IPTV provider. The post 3 Count: $10 Million Fight appeared first on Plagiarism Today.

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U.S. Copyright Office issues report on copyrightability of AI assisted and generated works

JD Supra Law

The United States Copyright Office has released the second in a series of reports relating to the implications of AI on copyright law and policy, firmly upholding the principle that copyright protection is reserved for human-created works while introducing slight nuance regarding the interplay of human authorship and generative AI. This article explores the reports guidance and resulting strategies for protection of works which consist in whole or part of AI-generated or assisted material.

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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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Piracy Victories for Hollywood & Premier League Spark Progress Concerns

TorrentFreak

Years before it happened, the MPA predicted that improved internet connectivity in Vietnam would likely lead to piracy problems down the line. The MPA’s prediction was fairly detailed and turned out to be extremely accurate. That the country would quickly become one of the safest places in the world to run a pirate site, led to real-world examples of how quickly sites can grow in an environment lacking credible enforcement.

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Apple Prevails and Federal Circuit Puts Expert Testimony in the Spotlight

JD Supra Law

The U.S. Court of Appeals for the Federal Circuit (CAFC) recently issued its opinion in Apple Inc. v. Gesture Technology Partners, LLC, a case that focuses on obviousness under 35 U.S.C. 103, claim breadth and the importance of detailed evidence in patent litigation. The decision, which largely favored Apple, provides key guidance for patent owners and practitioners navigating the dos and donts of patent application preparation, prosecution and litigation including.

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UPC Court of Appeal confirms strict approach to correcting patent errors by interpretation

JD Supra Law

Alexion Pharmaceuticals v Amgen (UPC_Coa-405/2024) and Alexion Pharmaceuticals v Samsung Bioepis NL BV (UPC_CoA-402/2024); December 20, 2024. The UPC Court of Appeal has confirmed a strict approach to correcting erroneous patent claims by way of interpretation. The existence of the error and the precise way to correct the error both need to be sufficiently certain to the average skilled person.

Patent 68
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Impact Engine is Latest to Ask SCOTUS to Fix Federal Circuit’s Alice Analysis

IP Watchdog

Impact Engine, the owner of several patents for internet advertising technology, has petitioned the U.S. Supreme Court asking it to review a U.S. Court of Appeals for the Federal Circuit (CAFC) decision that invalidated most of its patent claims as patent ineligible abstract ideas.

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Copyright Office Publishes Report on Copyrightability of AI-Generated Materials

JD Supra Law

The United States Copyright Office (USCO) has released its report on the copyrightability of outputs generated by artificial intelligence (AI) systems (the Report). This is the second of three reports the USCO plans to release on the intersection of copyright and artificial intelligence. The first report, issued in July 2024, addressed digital replicas.

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Three Recent Inter Partes Proceedings: The Bigger They Are.

The TTABlog

Here for your consideration are three recent Board decisions in David v. Goliath inter partes proceedings. David hung in there and won each time. Are there any lessonse to be drawn? Monster Energy Company v. Country Innovation & Supply LLC , Opposition No. 91270179 (January 30, 2025) [not precedential] (Opinion by Judge Catherine Dugan O'Connor) [The Board dismissed this Section 2(d) opposition to registration of the mark BEAST HACK (standard characters) and the two word-and-design marks sho

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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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Will EDTX Sanctions Decision Deter Improper Venue Allegations in Patent Lawsuits?

JD Supra Law

Following the Supreme Courts TC Heartland decision in 2017, a patent owner may only sue an alleged infringer in either: (1) a judicial district of the state where the defendant is incorporated; or (2) a judicial district where the defendant has a regular and established place of business and has committed acts of alleged infringement. Thus, companies cannot be sued in patent hotspots such as the Eastern District of Texas unless they are incorporated in the state or maintain a regular and.

Patent 62
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A Shift in the Velocity of Content and the Impact of AI Tools and Collaboration Platforms

Velocity of Content

Since 2007, CCC has partnered with Outsell, Inc., the voice of the data, information, and analytics economy, to conduct independent research and analysis into content consumption in the workplace by professionals across industries. The following is an excerpt from the ebook, 2025 Copyrighted Content Usage Trends, which draws on data from the 2025 Information Seeking and Usage Study to offer insights into how employees think about, use, and share copyrighted content today, including with AI tools

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Federal Circuit Patent Watch: FDA Filing Can Create Personal Jurisdiction; “Compelling” Arguments that Reverse Doctrine of Equivalents was Eliminated

JD Supra Law

Precedential and Key Federal Circuit Opinions - STEUBEN FOODS, INC. v. SHIBUYA HOPPMANN CORPORATION [OPINION] (2023-1790, 1/24/2025) (Moore, Hughes, Cunningham) - Moore, Chief J. The Court reversed the district courts findings for judgment as a matter of law (JMOL) of noninfringement because it determined that the reverse doctrine of equivalents (RDOE) did not apply and, therefore, the patents were infringed.

Patent 68
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Clever slogan, yes. Trademark, no.

Likelihood of Confusion

Originally posted 2013-03-29 13:18:08. Republished by Blog Post PromoterDespite the impression you might get around here, being a big company doesn’t mean you have to always be wrong — or even always be the pursuer — in an IP dispute. Take, for instance, this situation, as described by the opinion handed down last week by […] The post Clever slogan, yes.

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Blurring the Line Between Law and Fact in Patent Eligibility

Patently-O

by Dennis Crouch The well-worn advice to trial lawyers, famously captured by Carl Sandburg, has long been: "If the law is against you, pound on the facts. If the facts are against you, pound on the law. If both are against you, pound on the table." This traditional dichotomy between law and fact reflects a fundamental principle of American jurisprudence - that certain questions are reserved for judges (law) while others are reserved for juries (fact).

Law 45
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The “Sad Beige Lawsuit” and the Fight Over Social Media Influencer IP Rights

JD Supra Law

Can you protect a personal aesthetic or vibe? Social media influencer Sydney Nicole Gifford believes so, as she recently sued fellow social media influencer Alyssa Sheil in Texas Federal Court, in what is now known as the sad beige lawsuit..

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[Guest post] Uzbekistan: Legislative update on remedies for IPR infringements

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriends Javohir Kurbonov and Khalil Jurayev (My Lawyer Law Firm) on recent changes to Uzbekistans legislation regarding the enforcement of intellectual property rights (IPRs). Here's what they write: Uzbekistan: Legislative Update on remedies for IPR infringements by Javohir Kurbonov and Khalil Jurayev Kat in Uzbekistan In a previous post ( here ), we discussed the amendments made to Uzbekistan's legislation as

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Canadian IP litigation 2024: a year in review

JD Supra Law

In 2024, we witnessed several notable developments in Canadian IP litigation. These included the Supreme Court granting leave for an appeal on the patentability of methods of medical treatment, a successful patent invalidity attack based on claim ambiguity, the emergence of generative AI tools (and the issues that come with them), and much more.

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Justices Asked If Fact Dispute Bars Patent Eligibility Rulings

IP Law 360

The Federal Circuit has made a habit of taking fact disputes into its own hands in patent cases instead of leaving those questions to a jury, and a company that recently lost its patent suit against Amazon is hoping the U.S. Supreme Court will take up its case.

Patent 52
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Novartis Pharms. Corp. v. Becerra

JD Supra Law

Entresto (sacubitril/valsartan) - Case Name: Novartis Pharms. Corp. v. Becerra, Civ. No. 24-cv-2234 (DLF), 2024 WL 4492072 (D.D.C. Oct. 15, 2024) (Friedrich, J.) Drug Product and Patent(s)-in-Suit: Entresto (sacubitril/valsartan); U.S. Patents Nos. 9,517,226 (the 226 patent), 9,937,143 (the 143 patent), 11,135,192 (the 192 patent), and 11,058,667 (the 667 patent).

Patent 68
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The Wonderful Co. Hits Rival With TM Suit Over Wonderspread

IP Law 360

The Wonderful Co. sued a competitor for trademark infringement in California federal court Wednesday, accusing it of mimicking its "Wonderful" marks and trying to sow consumer confusion by selling nut-based products in packaging that features similar names, "Wonderspread" and "Wondersquare.

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Concerns Related to DeepSeek’s Training Techniques May Focus on IP Issues

JD Supra Law

AT A GLANCE - Beyond whether DeepSeek used data from existing AI application program interfaces (APIs) to train its models lie concerns about whether querying an AI API may lead to trade secret misappropriation.

IP 65
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Dish Gets Nothing After $3.9M Fee Award Axed In IP Appeal

IP Law 360

A Colorado federal judge ruled Wednesday that Dish Network LLC isn't entitled to any fees after it was cleared of infringing patents owned by Realtime Adaptive Streaming LLC, a ruling that comes after the Federal Circuit held that the judge erred by initially awarding Dish $3.9 million in fees.

IP 52
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Repping Your School and How the Penn State Decision Ties In

JD Supra Law

School merch is big business. Students want sweats, mugs and the like to show they belong at the school. Alums want merch to show they went to the school. Other purchasers want merch as an aspirational statement, or to support the idea of the institution.

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Fake Biggie Photo, Merch At Center Of New Ill. Suit

IP Law 360

The estate of the Notorious B.I.G. hit Target, Home Depot, Nordstrom and others with a lawsuit Tuesday in Illinois federal court, claiming they infringed the late rapper's trademarks by selling art bearing his image and likeness, including canvas prints of an iconic portrait captured three days before his 1997 murder.

Art 52
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Dispute on Copyright and Creativity

Biswajit Sarkar Copyright Blog

In an era where artificial intelligence (AI) is reshaping the music industry, a fierce legal battle is brewing between record companies and AI music generators. The dispute centers around the use of copyrighted music to train AI models and the broader implications for the future of the music business. AI-powered music generators, such as Suno, Udio, and OpenAIs Jukebox, have revolutionized the industry by creating songs with human-like vocals, compositions, and lyrics in mere seconds.

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Tesla, Musk, Warner Bros. Ask To Toss 'Blade Runner' AI Suit

IP Law 360

Tesla, its CEO Elon Musk and Warner Bros. Discovery asked a California federal judge Tuesday to throw out Alcon Entertainment's lawsuit alleging the electric vehicle company used an image created by artificial intelligence that infringes "Blade Runner 2049" to promote an autonomous taxicab, saying a "familiar post-apocalyptic scene" is not protectable.

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Understanding Surrogacy Agreements: The What and Why

Nelligan Law

Reading Time: 2 minutes Canadians are increasingly turning to assisted reproduction, such as surrogacy, to assist in achieving pregnancy. Whether you’re considering becoming a parent through surrogacy or acting as a surrogate, understanding when and how to formalize your surrogacy agreement is key to protecting everyones rights. What is a Surrogacy Agreement?

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Dickinson Wright Continues IP Growth With Chicago Hire

IP Law 360

Dickinson Wright PLLC said Wednesday that it had hired a named member of the small Illinois intellectual property firm formerly known as Bishop Diehl & Lee Ltd., marking the latest of the firm's many recent investments into the practice.

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More Great Copyright Books Freely Available on Information Law Series Archive

Kluwer Copyright Blog

Following the successful launch of the Information Law Series Archive in September 2024, ten more volumes have been made freely available on the IViR website. These include the groundbreaking and much-cited dissertations by Martin Senftleben on copyright and the three-step test , Mireille van Eechoud on applicable law in copyright , and Ashwin van Rooijen on software copyright and competition law.

Law 59
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Realty Co. Petitions High Court Over Copyright Fee Dispute

IP Law 360

A Florida real estate broker that was sued for copyright infringement has asked the U.S. Supreme Court to review whether a defendant can recover attorney fees when a plaintiff voluntarily dismisses an action with prejudice.

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[Guest post] Navigating trade mark oppositions: the risks of weakly distinctive marks and late claims

The IPKat

The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent decision of the EUIPO Fifth Board of Appeal regarding a trade mark application for Toronto Ultra, which the Board considered not to be confusingly similar to Road Ultra, Ultra Europe, or Ultra Festival.

Music 49
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Utah Judge Rules For Arkansas State In 'Red Wolves' TM Case

IP Law 360

A Utah federal judge has dismissed a trademark complaint from a Park City soccer organization seeking declaratory relief against Arkansas State University over its "Red Wolves" mark, saying the court lacked jurisdiction over the matter.

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Federal Circuit Affirms Preliminary Injunctions in EYLEA® Biosimilar Litigations Against Samsung Bioepis and Formycon

JD Supra Law

On January 29, 2025, the CAFC issued opinions affirming the preliminary injunctions issued against biosimilars of Regenerons EYLEA (aflibercept): Samsung Bioepiss Opuviz (aflibercept-yszy) (CAFC Case Nos. 24-1965, 24-1966, 24-2082, 24-2083) and Formycons Ahzantive (aflibercept-mrbb) (CAFC Case Nos. 24-2009, 24-2019, 24-2156), as well as the Courts personal jurisdiction over Samsung Bioepis and Formycon(preliminary injunction district court opinions previously reported Preliminary.

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Modelo, Constellation Urge Judge to Block 'Counterfeit' Beer

IP Law 360

Modelo and Constellation Brands have asked a Texas federal court to stop a beer distribution company from importing and selling "counterfeit" beers that have labels similar to those of Modelo, Corona and other beverages.