Mon.Dec 16, 2024

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Top Copyright-Related Legislative Developments of 2024 and Prospects for the Future

IP Watchdog

In 2024, there were several federal bills introduced and various studies and discussion about potential copyright-related regulations and legislation, but most remain pending or forthcoming. Proposed legislation related to artificial intelligence (AI) was the most prevalent and anticipated, and will be the focus of this article, with some reference to non-AI copyright-related rulemakings and legislation.

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Trade Dress Protection for Non-Traditional Marks in the Fashion Industry

IP and Legal Filings

INTRODUCTION Trade dress protection is an important aspect of intellectual property, whereby the special visual aspect of products or packaging will identify the origin of products to consumers. The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces.

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Spotlight On: Lantus® / Lantus® SoloSTAR® (insulin glargine recombinant) / Basaglar® (insulin glargine) / Semglee® (insulin glargine) / Rezvoglar™ (insulin glargine-aglr) - December 2024

JD Supra Law

Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under 102, 103, or both.

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A Review of Emerging Technologies with Implications for IP

IP Watchdog

Choosing the latest emerging technologies with implications for IP is somewhat subjective. I say somewhat because Artificial Intelligence (AI)and generative AI in particular for purposes of this articleis the elephant in the room. AI is reshaping the world and the practice of law at large. No lawyer or legal professional can ignore AI, even if they ultimately dismiss it.

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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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Spotlight On: Rituxan® (rituximab) / Truxima® (rituximab-abbs) / Ruxience® (rituximab-pvvr) / Riabni™ (rituximab-arrx) - December 2024

JD Supra Law

Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under 102, 103, or both.

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Formulation/Composition Claims and Section 3(d): Analyzing the Uitdelone Pre-grant Opposition Order

SpicyIP

In light of the recent UTIDELONE patent grant order by the Indian Patent Office, Bharathwaj Ramakrishnan analyses the tactic to present a pharmaceutical invention as a composition to overcome Section 3(d) scrutiny and how this could be bad in law. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed here.

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Understanding Claim Mapping in Patents

Intepat

What Is Claim Mapping? A patent application is accompanied by claims , abstract, drawings to fully describe the invention in detail. Claims are the most essential part of the application as it defines the scope of any invention. Claim mapping is a process by which we break down the claim into constituent elements and compare it with the process or product of another patent.

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Influencer Suing Over Aesthetic And Brand Identity

JD Supra Law

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EUIPO’s Board of Appeal: Motion mark for an opening window lacks distinctiveness and only shows a technical process

The IPKat

Motion marks are assessed against the same standards as traditional types of marks. This means that simple movements of common objects are unlikely to be considered distinctive. They may even show technical features, which cannot be protected as trade marks, as a recent decision of the Board of Appeal (BoA) of the European Union Intellectual Property Office (EUIPO) shows.

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Certificate of Supplementary Protection filing fee increase effective April 1, 2025

JD Supra Law

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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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TTAB Dubiously Finds that Vertical Light Beams atop Guitar-Shaped Building Fail to Function as a Source Indicator

The TTABlog

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AI News Roundup – Google unveils next-gen AI tools, controversy over U.K. scraping rules for AI training, Nvidia investing in AI-driven cars in China, and more

JD Supra Law

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CAFC Vacates PTAB Win for Centripetal Due to Board’s Poorly Articulated Motivation to Combine Analysis

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday in a precedential opinion vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) that had found Palo Alto Networks (PAN), Inc. failed to establish certain claims of Centripetal Networks, LLCs Communication Network patents unpatentable as obvious. The CAFC said the PTAB erred by not sufficiently explaining its reasoning with respect to its motivation to combine analysis.

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Intas Expands Cancer Therapy Biosimilar Portfolio

JD Supra Law

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Understanding Patent Claim Types: A Guide for Inventors and Practitioners

Larson & Larson

Understanding Patent Claim Types: A Guide for Inventors and Practitioners Patent claims define the scope of protection granted by a patent. The selection and construction of claim types serves as a critical element in protecting intellectual property rights. All claims fall into the Categories of either independent claims or dependent claims. Independent Claims: An independent claim stands on its own and includes all elements of the invention.

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Spotlight On: Humira® (adalimumab) / Amjevita™ (adalimumab-atto) / Cyltezo® (adalimumab-adbm) / Hyrimoz™ (adalimumab-adaz) / Hadlima™ (adalimumab-bwwd) / Abrilada™ (adalimumab-afzb) / Hulio® (adalimumab-fkjp) / Yusimry™ (adalimumab-aqvh) / Idacio® (adalimumab-aacf) / Yuflyma® (adalimumab-aaty) / Simlandi® (adalimumab-ryvk) - December 2024

JD Supra Law

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How A 9th Circ. Identicality Ruling Could Affect AI Cos.

IP Law 360

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Spotlight On: Biosimilar Litigations - December 2024

JD Supra Law

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9th Circ. Won't Revive Suit Over Starz Strip Club Drama

IP Law 360

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Clearing the Deadwood: Inactive Trademarks at Risk as Section 45 Pilot Project Announced

JD Supra Law

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Health Education Biz Infringed Training Materials, NJ Suit Says

IP Law 360

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U.S. Trademark Application Filing Changes and Fee Increases on the Horizon

JD Supra Law

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Oracle's 'Copyright War' Will Go On, 9th Circ. Says

IP Law 360

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Omegle Defeats Lawsuit Over User’s “Capping”–MH v. Omegle

Technology & Marketing Law Blog

I previously described this case : Omegle enables real-time video and text chats with users assigned at random. The case involves an 11 year old girl who was a first-time Omegle user. The complaint alleges that a malefactor John Doe manipulated her into disrobing so he could make screengrabs. The appellate court refers to Doe’s behavior as “ capping.” It calls these facts “horrific” and says they “underscore that the internet in general and social media in par

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'Farmville' Maker Settles With IBM After $45M Trial Loss

IP Law 360

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First draft of the General-Purpose AI Code of Practice has been released

Kluwer Copyright Blog

Photo by Mohamed Nohassi on Unsplash The European AI Office is currently facilitating the drawing-up of the General-Purpose AI Code of Practice (the Code ). The European Commission published the first draft of the Code on 14 November 2024. Further drafts are to be prepared, with the final version of the Code forecast to be released by 2 May 2025, in accordance with Article 56 (Codes of Practice) of the EU AI Act.

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Fed. Circ. Vacates Centripetal Patent Win At PTAB

IP Law 360

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The Pirate Bay’s Million-Dollar Bitcoin Donations: Hidden Goldmine or Spent Treasure?

TorrentFreak

It’s been three years since we last checked in on The Pirate Bay’s Bitcoin wallet. While the torrent site may not be raking in the digital dough like it used to, the donations keep trickling in. Back in 2021, we estimated that TPB was receiving around $10 per day in Bitcoin donations. Our latest analysis shows that this figure remains surprisingly consistent.

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Circuit-By-Circuit Guide To 2024's Most Memorable Moments

IP Law 360

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The Law Bytes Podcast, Episode 223: Looking Back at the Year in Canadian Digital Law and Policy

Michael Geist

Canadian digital law and policy in 2024 featured the long-delayed online harms bill, controversial implementation of streaming and online news legislation, as well as a myriad of notable copyright, AI, and privacy court cases. Government legislation stalled in the House of Commons, but with trade battles over a digital services tax, a competition case against Google, and plans to kick TikTok out of the country, there were no shortage of high profile issues.

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USPTO Chief Of Staff Steps Up To Acting Deputy Director

IP Law 360

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What Should I Do if I’m in a Skiing Accident in Ontario?

Nelligan Law

Reading Time: 3 minutes Skiing is the quintessential Canadian winter sport, but it comes with risks. While the goal is always to prevent accidents, certain factorslike weather, terrain, signage, piste conditions, and other skiersare beyond your control. If you find yourself in a skiing accident, here’s what you should do to protect your health and any potential legal claim.

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Amazon Ordered To Pay Patent Biz For New Alexa Users Too

IP Law 360

Patent 40
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eXodus: Bluer Skies for Social Media or Just a Short Breath of Fresh Air?

The Illusion of More

As of today, the social media platform BlueSky has grown to about 25 million users, which is still a fraction of the 600 million on X, but the recent spike at the former is attributable to people abandoning the latter. After Elon Musk acquired and rebranded Twitter, fired the accountability team, reinstated Trump, and then […] The post eXodus: Bluer Skies for Social Media or Just a Short Breath of Fresh Air?

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The Biggest Patent Decisions Of 2024

IP Law 360

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