Thu.Jan 09, 2025

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South Korean First Lady Accused of Plagiarizing Thesis

Plagiarism Today

The First Lady of South Korea is facing allegations of plagiarism in her thesis. This news comes at a very bad time for her and her husband. The post South Korean First Lady Accused of Plagiarizing Thesis appeared first on Plagiarism Today.

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INTA Urges EUIPO Grand Board to Confirm Human Face Marks are Not Excluded from Trademark Registration

IP Watchdog

The International Trademark Association (INTA) announced today that it has filed an amicus brief in a referral to the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) that asks for clarification on registering human faces as trademarks. INTA urged the Grand Board to confirm that signs consisting of photorealistic facial images of people, including famous ones, are not per se excluded from trademark protection.

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3 Count: Notorious Markets 2025

Plagiarism Today

US releases 2025 Notorious Markets report, EFF files brief in DMCA subpoena case and House of the Dragon tops piracy lists. The post 3 Count: Notorious Markets 2025 appeared first on Plagiarism Today.

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The Life Sciences Report – January 2025

JD Supra Law

This latest edition features an interview with retiring longtime Wilson Sonsini IP partner Vern Norviel and articles on MedTech and pharma trends for 2025, the eligibility of life sciences companies for qualified small business stock, what life sciences companies need to know about brands, double-patenting jeopardy, and life sciences venture financings for clients across 2H 2023 and 1H 2024.

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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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EFF Sides with Cox to Protect Piracy-Accused Internet Users from ‘Copyright Trolls’

TorrentFreak

In the early 2000s, the music industry took a stand against online piracy by going after tens of thousands of alleged pirates through U.S. courts. The RIAA tracked down IP addresses of suspected music pirates and requested corresponding DMCA subpoenas, hoping to link these addresses to subscribers’ contact details. This initially worked well. However, as the practice became more common ISPs began to object.

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Assessing a Startup’s IP: Key Questions to Ask

JD Supra Law

As an investor, you know that a startups intellectual property (IP) can be among its most valuable assets. A strong IP portfolio not only helps secure a companys unique market position but also reduces competitive threats and enhances investment returns.

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Happy New Year: Now, Update Your Service Agreements

JD Supra Law

As the new year begins, prudent service providers will review and consider updating their contract forms to ensure they align with the company's strategic goals and comply with any current or upcoming laws and regulations. To help with this process, service providers should contemplate the following list of considerations when updating or drafting service contracts in 2025.

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The dubious utilitarian argument for granting copyright in AI-generated works

Kluwer Copyright Blog

In a recent chapter, Ryan Abbott and Elizabeth Rothman present the utilitarian argument for granting copyright in AI-generated works (hereafter AIGW). Aspects of their argument also find expression in the recently launched UK Intellectual Property Office (UKIPO) consultation on AI. In response, this post outlines my scepticism. The utilitarian arguments supporting copyright in AIGW are empirically speculative and theoretically dubious.

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Protect Your Company’s Inventions With an Innovation Capture Program

JD Supra Law

If you are concerned your companys innovations are not being identified and evaluated for possible patent protection, resolve to implement or improve an invention capture process early in 2025. By efficiently identifying valuable inventions and taking steps to pursue patents, your company can gain a competitive edge.

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Common Law Trademarks: Protect Your Brand Without Registration

Corsearch

Building a brand is no small task. But once youve invested time and effort into your unique name, logo, or slogan, protecting it is essential. While many businesses go through the process of trademark registration , not every brand needs to take that route right away. Enter common law trademarks a practical way to secure certain rights to your brand from the moment you start using it, without the registration process or fees.

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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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Photo Infringement Can Be Costly and Up to $150,000 Per Image Infringed!

JD Supra Law

Here is a case from the opposite coast of the United States. This case may be looked at as persuasive authority in cases filed in the 9th circuit.

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Dragons’ Den IP Blog- Series 22 Episode 1

Dragons' Den

Happy new year everyone! Can you believe we are onto series 22 of Dragons Den! As a new band of entrepreneurs face the Dragons we are here, as always, ready and waiting to spot and discuss the different types of intellectual property in the pitches. New year, new Dragon Inevitably a new year brings peoples minds to resolutions; getting healthy, self-improvement and well-being.

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Branding the Produce Aisle: Appealing to Consumer Tastes

JD Supra Law

Brands are taking over the produce aisle at the grocery store. They have already conquered the cereal aisle, the soda aisle, the chips aisle, and the cookie aisle (my favorite). While there have always been produce brands (Chiquita bananas or Dole pineapple), branded fruits and vegetables are proliferating.

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AI Lawsuit Developments in 2024: A Year in Review

Copyright Alliance

The proliferation of generative artificial intelligence (GAI) models over the past few years has given rise to well over thirty copyright infringement lawsuits by copyright owners against GAI developers. While […] The post AI Lawsuit Developments in 2024: A Year in Review appeared first on Copyright Alliance.

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3 Steps to Protect Highly Sensitive Assets in an M&A Deal

JD Supra Law

Due diligence is a necessary part of any M&A transaction. This process can be an exhaustive deep dive into the target companys history. In some cases, the buyer wants to assure itself of certain highly confidential and sensitive aspects of the targets operations and assets. We most commonly see this arise in relation to proprietary software and source code, customer lists, executive compensation, and the risks become most acute where the buyer and target are competitors.

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Trademark Abandonment: Causes and Consequences

IP and Legal Filings

Introduction Trademarks are valuable assets for businesses; they reflect the identity, reputation and goodwill that a company builds with its target consumer. They can include anything from a company’s name and logo to slogans, product packaging or even distinct sounds or colors. However, filing for a trademark is one thing; maintaining its continued existence is equally essential.

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IP Hot Topic: USPTO Issues Final Rule Increasing Front-End Filing Fees

JD Supra Law

In addition to Continuation and Information Disclosure Statement (IDS) fee changes, the United States Patent & Trademark Offices (USPTO) published final rule also increases front-end filing fees. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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IP Forecast: OpenAI, Microsoft Look To Toss NYT Case

IP Law 360

OpenAI and its backers at Microsoft will try persuading a New York judge to dismiss one of the major copyright suits against them, with arguments that using news stories to train the startup's artificial intelligence model is a "transformative" use.Here's a spotlight on where that case stands plus all the other major intellectual property matters on deck in the coming week.

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Patent Case Summaries | Week Ending January 3, 2025

JD Supra Law

Honeywell International Inc., et al. v. 3G Licensing, S.A., Nos. 2023-1354, -1384, -1407 (Fed. Cir. (PTAB) Jan. 2, 2025). Opinion by Dyk, joined by Chen. Dissenting opinion by Stoll.

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Catalyst Settles Patent Fight Against Teva Over Firdapse

IP Law 360

Florida-based Catalyst Pharmaceuticals Inc. has reached a settlement with Teva in a patent infringement battle in New Jersey federal court over its U.S. flagship commercial drug that treats a rare autoimmune disease that will provide Teva with a license to market a generic version of the drug in 2035, the company announced Thursday.

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Thickness Arguments Cross the Line for Federal Circuit

JD Supra Law

When issued patent drawings are not explicitly made to scale, the Federal Circuit recently confirmed that arguments relying solely or predominately on the features of those drawings, such as line thickness, are unavailing. The Regents of the University of California v. Satco Products, Inc., Appeal No. 2023-1356 (Fed. Cir. Dec. 4, 2024). In Regents, the court vacated-in-part a PTAB Final Written Decision invalidating a claim based on the thickness of a line in the prior-art patent figures and.

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Cancer Org Fails To Get Rival's TM Counterclaims Tossed

IP Law 360

A Georgia federal judge said Thursday that the Glioblastoma Foundation Inc. can't yet escape a series of counterclaims filed against it by a rival nonprofit amid a trademark spat, ruling that its defenses in a dismissal bid largely relied on factual issues about whether the rival fraudulently obtained the marks at issue.

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Hatch-Waxman 201

JD Supra Law

For branded drugmakers, the development of a pharmaceutical product approved by the Food and Drug Administration (FDA) all but assures generic competition. As discussed during the first installment of our Hatch-Waxman series, Hatch-Waxman 101, disputes between branded and generic drugmakers are governed by the Hatch-Waxman Act, which attempts to strike a balance between the pharmaceutical industry's need to protect its innovations and the public's need for affordable drugs.

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Judge Rips Meta's 'Grossly Overbroad' AI Sealing Requests

IP Law 360

A California federal judge appeared open Thursday to allowing authors to amend their copyright infringement proposed class action to include allegations Meta nefariously removed copyright disclaimers from tens of millions of books in creating its Llama artificial intelligence product, while criticizing Meta's "grossly overbroad" sealing requests as illegitimate attempts at avoiding bad publicity.

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Racing to the Deadline: Office Action Response Patterns

Patently-O

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post. Continue reading this post on Patently-O.

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Inventor Group Warns Of Issa's Return As House IP Panel Chair

IP Law 360

Policy outfit US Inventor Inc. has spoken out against the return of Rep. Darrell Issa, R-Calif., to head the U.S. House subcommittee overseeing intellectual property in the new Congress, warning on Thursday Issa's leadership role will have distressing affects on American startups and innovators while benefiting foreign competitors in other countries like China.

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Pramudji Law Group PLLC is Seeking an Electrical/Computer Engineering Patent Attorney or Agent

IP Watchdog

Pramudji Law Group PLLC, a Houston-based IP boutique law firm, is seeking a patent agent/patent attorney/patent engineer with a degree in Electrical Engineering, Computer Engineering, or Physics. This position entails drafting and prosecuting patent applications and performing invalidity and infringement analysis. We are looking for candidates who have a strong technical background, particularly in microprocessor technology, computer memory architecture, or integrated circuit design.

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Amgen Says Enbrel Protected By Legit Patents, Rulings

IP Law 360

Amgen has asked a Virginia federal judge to permanently toss the latest version of a proposed class action accusing it of illegally entrenching and expanding patent rights to stave off cheaper competition for Enbrel, arguing the blockbuster arthritis treatment is protected by legitimate patents and court rulings of validity.

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Courts Agree: Keyword Advertising Doesn’t Create a Likelihood of Confusion

JD Supra Law

The Ninth and Second Circuit Courts of Appeal recently issued decisions confirming that competitive keyword advertising does not create a likelihood of confusion where the plaintiffs trademark does not appear in the resulting advertising copy or otherwise cause meaningful consumer confusion. The decisions validate the long-standing practice of competitive keyword advertising and demonstrate a growing consensus that the mere act of purchasing a competitors trademarks does not constitute.

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Vape Laptop Hacking Suit Belongs In Court, Co. Says

IP Law 360

A vape-maker has urged a California federal court to deny a bid by the founder of vape distributor Next Level to arbitrate the manufacturer's claims that he broke into a laptop to access its confidential information, saying he's not a signatory to an underlying arbitration agreement.

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Walmart’s $80 Birkin Bag: Discount Luxury or Designer Comedy Gold?

Nelligan Law

Reading Time: 3 minutes Move over shady NYC alleysWalmart has entered the chat, serving up knockoff dreams faster than a blue-vested employee can say Rollback. Yes, the same retail wonderland where, in a single shopping trip, you can snag a family-sized bag of Oreos for questionable dinner choices, a bulk pack of socks destined to vanish into the void, a lawnmower that might moonlight as a leaf blower, and a vacuum so powerful it sucks up your will to do anything else for the rest of the weekend

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Amazon Loses Bad Faith Claims Against Nokia At ITC

IP Law 360

A U.S. International Trade Commission judge has shot down Amazon's arguments that Nokia failed to offer reasonable or nondiscriminatory patent license terms, ruling instead that Amazon was infringing a series of Nokia patents related to video technology.

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Trial Statistics Trends at the PTAB: 2024 Edition

JD Supra Law

At the end of each fiscal year running from October 1 through September 30, the Patent Trial and Appeal Board (PTAB) provides a summary of its trial statistics. This information provides practitioners with useful insight into trends at the PTAB regarding petitions filed, institution rates, and outcomes. This blog post highlights the statistics and trends at the PTAB for Fiscal Year 2024 (FY24).

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Maryland Judge Trims Oil Refining IP Suit Ahead Of Trial

IP Law 360

A Maryland federal judge has determined chemical company W.R. Grace made false statements when publicly comparing its product to competitor G.W. Aru, but left most questions of injury, invalidity and additional infringement for a May trial.

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ECS’s Opinion on Pelham II and its potential implications for AI-generated pastiches – Part 2

The IPKat

Last week this Kat started evaluating the Opinion of the European Copyright Society (ECS) concerning Pelham II [IPKat here]. In the first part, readers were briefly reminded of the prosecution history of the famous Pelham saga, and the four options set by the ECS that the Court of Justice of the EU (CJEU) seems to have in deciding how to approach to pastiche vis--vis parody were listed and commented on.