Sun.Mar 23, 2025

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PTAB IPR Update: Trends and A New Decision

CoCal IP Law Institute

US patent litigation has been steadily declining since 2015, according to Lex Machina: Likewise, IPR and PGR filings at the USPTO's PTAB also are in steady decline: Though some years show small upticks, the trend is clear. In our experience, an array of changes to the patent system, mostly enacted between 2010 and 2015, have [.

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SpicyIP Weekly Review (March 17 – March 23)

SpicyIP

Keep up with the ever changing world of IP with SpicyIPs Weekly Review! A quick glance at last week the first instance of AI hallucination in a judicial order, Delhi HCs order in PPL v. Azure that has further muddied already murky waters concerning the interplay between Sections 30 and 33 of the Copyright Act, and the Delhi HC ordering the removal of Zepto mark from the trademark registry.

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AI copyright and human authorship: Thaler v Perlmutter

Barry Sookman

Content generated entirely using artificial intelligence and with no human control over the expression generated cannot be protected by copyright. In short, an author must be a human being. This unsurprising conclusion was confirmed again by a U.S. Circuit Court of Appeals in Thaler v Permultter No. 23-5233 (D.C. Cir. March 18, 2025). In reaching its conclusion, the court acknowledged that content created using AI systems may be protected by copyright , but did not address where the line should

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Director Uses Takedowns to Remove Pirate Bay Docu “TPB-AFK” from YouTube

TorrentFreak

Released in 2013, The Pirate Bay documentary TPB-AFK offers insight into a pivotal moment in Internet history. Created by Simon Klose, the film follows three Pirate Bay founders during their trial in Sweden. True to the nature of the site, it was made widely available online for free. People could still buy copies or support the film directly, but those who didn’t want to spend a dime could grab a copy though torrent sites, including The Pirate Bay, or stream it on YouTube.

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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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mRNA Patent Wars Update: The Plot Thickens with Key Rulings Expected in 2025

IP Watchdog

As we previously discussed, beginning in 2022, a series of patent infringement lawsuits were filed against Moderna and collaborators Pfizer+BioNTech seeking damages based on their respective sales of the Spikevax and Comirnaty COVID-19 vaccines. Key suits were filed by third party mRNA and lipid pioneers that, while not having any mRNA-based products on the market themselves, leveraged their patent portfolios claiming a share of the billions of dollars in sales the vaccines have generated.

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Prosecution Disclaimer Across Patent Family Members

Patently-O

by Dennis Crouch Maquet Cardiovascular LLC v. Abiomed Inc. , 2023-2045 (Fed. Cir. Mar. 21, 2025) This new decision is a good read for patent prosecutors and litigators. The decision somewhat limits use of prosecution history for claim construction across patent families -- and ultimately vacates the district court judgment of non-infringement. The case offers something of a roadmap for patent prosecutors to avoid prosecution disclaimer spreading across family members.

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