TorrentFreak

OCTOBER 3, 2024

When news broke in August that Telegram founder Pavel Durov had been arrested after his private plane touched down in France, speculation on the reasons behind that were in plentiful supply. After letting the rumor mill boil for a few days, French authorities said they had charged Durov with criminal offenses related to his role at Telegram and the platform’s “near-total absence” of cooperation with French authorities.

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Reporting Privacy Copyright IP 124

IP Watchdog

OCTOBER 3, 2024

The U.S. Patent and Trademark Office (USPTO) on Wednesday, October 3, issued a final order terminating approximately 3,100 patent applications for intent to deceive the Office via fraudulent “S-signatures.” The USPTO said in a news alert yesterday that the “scale of this fraudulent action is a stark reminder for registered practitioners of their obligations under the USPTO Rules of Practice to take reasonable precautions to protect their credentials and alert the USPTO of any suspected fraud.

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TorrentFreak

OCTOBER 3, 2024

In recent years, the European Commission has proposed and adopted various legislative changes to help combat online piracy. They include the Copyright Directive which passed in 2019 and the Digital Services Act (DSA), which followed not long after. These measures have been spurred on by major copyright holders, who have long called for stricter enforcement of pirated content online.

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Intellectual Property Advertising Advertising Copyright 121

Copyright Alliance

OCTOBER 3, 2024

The 2024-2025 National High School Policy Debate Topic is: Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks. […] The post Why the U.S. Needs to Strengthen Online Copyrights: An Indie Filmmaker’s Perspective appeared first on Copyright Alliance.

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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

IP Watchdog

OCTOBER 3, 2024

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential opinion on Thursday, October 3, that Section 43(a)(1)(B) of the Lanham Act does apply to a party’s false claims that it holds a patent on a product feature coupled with related advertisements that cause consumers to be misled about the “nature, characteristics, or qualities of its product.

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Advertising Advertising Patent Designs 104

IP Law 360

OCTOBER 3, 2024

Apportionment is the solution to the problem of inflated patent infringement damages, and courts should return to focusing on the smallest saleable unit as the starting point for apportionment analysis, say William Lee at WilmerHale and Mark Lemley at Stanford Law School.

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Patent Patent Infringement Law 98

IP Law 360

OCTOBER 3, 2024

One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

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JD Supra Law

OCTOBER 3, 2024

This blog post focuses on how the EU’s Artificial Intelligence Act (“AI Act”) regulates generative AI, which the AI Act refers to as General-Purpose AI (“GPAI”) Models.

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Blogging 82

IP Law 360

OCTOBER 3, 2024

A member of five different New York-area bands playing upward of 50 shows per year, Mintz partner Brad Scheller is used to trading in his suit and tie after hours for a punk rock T-shirt.

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IP 97

JD Supra Law

OCTOBER 3, 2024

Dan Rudoy is a shareholder and executive committee member at Wolf Greenfield. As part of the Electrical & Computer Technologies Practice, Dan works closely with clients developing technology in a wide variety of areas including artificial intelligence, bioinformatics, electronics, genomics, machine learning, medical devices, and software. Many of these clients are developing technology at the intersection of life sciences and electrical and computer technology.

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Technology IP 78

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

The IPKat

OCTOBER 3, 2024

Whenever things went badly for the Rat-in-a-Hat (a character in the Australian children's TV show Bananas in Pyjamas ), he would exclaim frustratedly, "Ohhh. cheese and whiskers!" This Kat imagines that the owners of the geographical indication (GI) for the Italian cheese called "Asiago" are probably saying something similar after their recent, unsuccessful opposition before the Australian Trade Marks Office.

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JD Supra Law

OCTOBER 3, 2024

Imitation may be considered the sincerest form of flattery, but in the world of intellectual property (IP), it might cost you.

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Intellectual Property IP 74

The TTABlog

OCTOBER 3, 2024

In a 60-page Memorandum Opinion and Order, the U.S. District Court for the Central District of California reversed the USPTO's refusal to register the mark SPECTACLES [in standard character and stylized form] for "smart glasses" on the ground of genericness, but upheld the finding of mere descriptiveness. The TTAB had affirmed the refusal [ TTABlogged here ], leading to this Section 1071 civil action for de novo review.

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JD Supra Law

OCTOBER 3, 2024

In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies. Government incentives are driving rapid innovation in this space, and private investment is significant in energy transition, especially for companies with patent portfolios.

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Intellectual Property Reporting Government Technology 74

Patently-O

OCTOBER 3, 2024

by Dennis Crouch The Federal Circuit is set to decide an important issue regarding the scope of prior art that can be considered during inter partes review (IPR) proceedings in the pending appeal of Lynk Labs, Inc. v. Samsung Electronics Co., Ltd. At issue is whether section 102(a)(2) prior art qualifies for use in an IPR proceeding because those applications were not yet publicly accessible until after the priority date of the challenged patent.

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JD Supra Law

OCTOBER 3, 2024

In his latest essay, The Intelligence Age, Sam Altman envisions a future where ChatGPT and other AI technologies rapidly transform the world for the better. He projects that the exponential growth we’ve seen in generative AI will continue, unlocking astonishing advancements in science, society, and beyond. According to Altman, AI-driven breakthroughs could soon lead us into a virtual utopia—one where the possibilities seem limitless.

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Technology 74

IP.com

OCTOBER 3, 2024

Artificial Intelligence (AI) is transforming the R&D landscape in ways that go far beyond automation or data analysis—it’s becoming the brain behind innovation itself. In industries ranging from pharmaceuticals to aerospace, AI is seamlessly interwoven into complex research processes, not just speeding up tasks but driving breakthroughs that would have been unimaginable just a few years ago.

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Marketing Marketing Designs Design 59

JD Supra Law

OCTOBER 3, 2024

In this installment, Troutman Pepper attorneys Cal Stein, Tim Bado, and Pat Zancolli discuss recent updates in the House settlement process. After Judge Wilken previously declined to approve the settlement, she sent the parties "back to the drawing board" to renegotiate and revise the settlement. This installment discusses the numerous revisions the parties made to the original settlement language, including changes to the settlement distribution plan and involving the NCAA's enforcement.

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Settlement 72

IP Watchdog

OCTOBER 3, 2024

On Monday, September 30, U.S. Senator Bill Cassidy (R-LA), Ranking Member of the Senate Committee on Health, Education, Labor, and Pensions, sent a letter to Robert Califf, Commissioner of the Food & Drug Administration (FDA), urging the agency to issue guidelines clarifying requirements for listing patents covering FDA-approved drugs in the agency’s Orange Book.

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Patent Government Intellectual Property IP 59

JD Supra Law

OCTOBER 3, 2024

While interest in buying and selling fashion brands and their associated business lines is constant, structuring and negotiating these opportunities is uniquely challenging. Here, we present key initial considerations for anyone sitting on either side of the table.

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Branding Branding Brands Business 72

SpicyIP

OCTOBER 3, 2024

The launch of the Anusandhan National Research Foundation (ANRF) and its emphasis on private funding in R&D has led to concerns over the corporatisation of research. In this detailed post, Samridhi Chugh explores the implications of this shift in government approach, its impact on curiosity-driven research and what India can learn from the world in forging successful industry-academia partnerships.

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Government Marketing Marketing Technology 59

JD Supra Law

OCTOBER 3, 2024

In view of the Supreme Court's "long conference" on September 30th, it seems timely to review the arguments, pro, con, and amicus briefs submitted to the Court asking for certiorari over the Federal Circuit's In re Cellect decision. While that Court's recent Allergan USA Inc. v. MSN Laboratories Private Ltd. opinion may have made the issues (and whether the Supreme Court grants cert) less urgent, the pending U.S.

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Trademark Patent 69

IP Law 360

OCTOBER 3, 2024

Intel is urging Delaware's chief federal judge to make VLSI Technology reveal its ownership and sources of litigation funding, saying the disclosures provided so far in their dispute over the scope of a patent license are "plainly deficient.

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Ownership Licensing Litigation Technology 52

JD Supra Law

OCTOBER 3, 2024

Entering into a patent purchase transaction is complicated. Not surprisingly, purchasing assets that include Chinese originated technology is even more complicated. Before signing a deal, make sure the diligence period allows for securing the appropriate certificates.

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Patent Technology 69

IP Law 360

OCTOBER 3, 2024

Gilead Sciences Inc. this week announced a plan to allow six drugmakers to produce generic lenacapavir to help combat the HIV pandemic in 120 lower-income countries, an initiative that won praise as a welcome step Thursday, although advocacy groups urged the company to expand the effort.

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JD Supra Law

OCTOBER 3, 2024

Trademarks play a crucial role in safeguarding the interests of smaller companies, Todd M. Nosher and Lucian C. Chen shed light on this vital topic in their latest video, emphasizing the importance of early trademark protection.

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Trademark 66

IP Law 360

OCTOBER 3, 2024

The Federal Circuit on Thursday revived false advertising claims against Crocs Inc., which a competitor said improperly stated that its shoes were made with "patented, proprietary, and exclusive" materials.

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False Advertising Advertising Advertising IP 52

JD Supra Law

OCTOBER 3, 2024

The U.S. Patent and Trademark office has done what Thanos and Lex Luthor never could—defeat the larger than life combined forces of Marvel and DC. Despite being well-known rivals, DC (Batman, Superman, Wonder Woman and Green Lantern and more) and Marvel (Captain America, Spider-Man, Black Panther, Wolverine, The Avengers and more) have held joint ownership over the trademarks SUPER HERO and SUPER HEROES since 1967.

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Public Domain Trademark Ownership Patent 66

IP Law 360

OCTOBER 3, 2024

An Apple Inc. patent that covers its Apple Watches has failed to hold up in front of an administrative patent board after it was challenged by health technology company Masimo Corp.

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Patent Technology 52

JD Supra Law

OCTOBER 3, 2024

The U.S. Patent and Trademark Office (USPTO) recently announced that it will terminate the After Final Consideration Pilot Program (AFCP 2.0) and that December 14, 2024, will be the last date for applicants to submit requests under that program.

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Trademark Patent 66

IP Law 360

OCTOBER 3, 2024

The Federal Circuit will not reconsider a panel's holding that Patent Trial and Appeal Board rulings can be used to find claims invalid in future U.S. Patent and Trademark Office proceedings.

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Trademark Patent 52

JD Supra Law

OCTOBER 3, 2024

On October 1, 2024, the USPTO published a new final rule, Rules Governing Director Review of Patent Trial and Appeal Board Decisions. 89 Fed. Reg. 79744 (October 1, 2024). The new rule codifies many aspects of the PTAB’s most recent revised interim Director Review process (effective July 24, 2023), and largely tracks the proposed rule that published on April 16, 2024 (89 Fed.

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Publishing Government Patent 66

IP Law 360

OCTOBER 3, 2024

A Boston pharmaceutical developer once again has agreed to drop a patent lawsuit against Moderna over its popular coronavirus vaccines after losing a claim construction ruling in front of Delaware's top judge.

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Patent 52

JD Supra Law

OCTOBER 3, 2024

In the world of business, safeguarding your company’s valuable information is crucial to maintaining a competitive edge. One of the most important assets a company can have is its trade secrets. But what exactly are trade secrets, and how do they differ from other types of confidential information? Understanding this distinction and knowing how to protect these assets can be vital to your business’s success.

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Law Confidentiality Blogging Business 66

IP Law 360

OCTOBER 3, 2024

The fight to approve a $2.78 billion antitrust settlement over the NCAA's name, image and likeness compensation rules grew tougher this week as a new group of athletes voiced their opposition to the deal's "illusory, contradictory and overreaching" terms.

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Settlement 52