Tue.Nov 28, 2023

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Sports Illustrated: AI-Generated Articles, AI-Generated Authors

Plagiarism Today

An article by Maggie Harrison at Futurism takes a look at the use of AI-generated content and AI-generated reporters at Sports Illustrated. According to Harrison, the publication received a tip from insiders at Sports Illustrated that the site was using a slew of fake journalists to serve as bylines for AI-generated content. When they investigated, … The post Sports Illustrated: AI-Generated Articles, AI-Generated Authors appeared first on Plagiarism Today.

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What Are the Steps in the USPTO Trademark Application Process?

Erik K Pelton

The trademark application process has many twists and turns, and can be better managed with the help of an experienced trademark attorney. The post What Are the Steps in the USPTO Trademark Application Process? appeared first on Erik M Pelton & Associates, PLLC. The trademark application process has many twists and turns, and can be better managed with the help of an experienced trademark attorney.

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3 Count: xQc Shutdown

Plagiarism Today

Cloudflare gets split decision in Germany, ACE shutters Egyptian pirate site and xQc's YouTube channel closed over copyright strikes. The post 3 Count: xQc Shutdown appeared first on Plagiarism Today.

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Copyright Cases Visual Artists Should Know: Part 1, Copyrightability

Copyright Alliance

What do Andy Warhol’s Campbell’s Soup Cans, Yayoi Kusama’s Pumpkin, and David Hockney’s Portrait of an Artist (Pool with Two Figures) have in common? You guessed it—they are works of […] The post Copyright Cases Visual Artists Should Know: Part 1, Copyrightability appeared first on Copyright Alliance.

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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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Navigating Generative Artificial Intelligence in the Corporate World: Striking the Right Balance

JD Supra Law

Since the public release of ChatGPT in November 2022, generative artificial intelligence (GenAI) has quickly emerged as a potentially transformative technology. In the corporate world, GenAI tools have the potential to help companies produce better results faster in a number of areas, such as software development, expertise automation, document management and generation, contract and predictive analytics, marketing and content generation.

Contracts 120
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Toyota Practical Problem Solving (PPS)—Introduction

Christopher Roser

Lean is a lot of problem solving. Toyota excels at such problem solving, and they have developed their practical problem solving (PPS) approach. For many it is surprising how much time Toyota spends on defining and understanding the problem, whereas (many in) the rest of the world immediately jump to a (possibly inferior) solution. Let me. Read more The post Toyota Practical Problem Solving (PPS)—Introduction first appeared on AllAboutLean.com.

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Google Bans ‘Downloader’ Again Following Markscan DMCA Notice

TorrentFreak

Created by software developer Elias Saba and released on the Amazon Appstore in November 2016, ‘Downloader’ offered two things; an empty URL field and a download button. Downloader was intentionally basic but as a former Fire TV Product Manager at Amazon, Saba knew that a simple tool to transfer files would solve a fundamental shortcoming. Over 50 million installs of Downloader to date speak for the software’s popularity but in May 2023, progress came to a screeching halt.

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FTC Weighs in on Threats to Competition from Artificial Intelligence in Comment to U.S. Copyright Office

JD Supra Law

The Federal Trade Commission (FTC) recently submitted a comment to the U.S. Copyright Office in response to its “Notice of Inquiry” in the Federal Register examining copyright issues related to artificial intelligence (AI). The FTC’s comment focuses largely on potential threats to competition from AI and potential unfair copyright practices involving AI.

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Operation 404: USDOJ, PIPCU, ACE, MPA, IFPI, ESA, EPL & More Target Pirate Sites

TorrentFreak

Over the past four years, anti-piracy campaign Operation 404 has become a permanent fixture in the enforcement calendar with the results of new phases announced every few months. The results of the fifth wave of Operation 404 were released in March 2023 ; around 200 illegal streaming and gaming sites, 128 domains and 63 music apps were reported blocked, with raids on locations across Brazil leading to 11 arrests.

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Investing in your IP Rights: A Key Step to Attracting European Startup Funding

JD Supra Law

A recent study by the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) provides useful support for those working to develop and protect valuable IP rights. It reveals that European startups with a stable portfolio of] intellectual property (IP) rights are significantly more likely to secure early-stage venture capital (VC) funding, with the likelihood being over 10 times higher than for those without such rights.

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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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Shopify Files Fresh Lawsuit over DMCA Takedown Harassment

TorrentFreak

Signed into law a quarter century ago, the Digital Millenium Copyright Act (DMCA) aimed to equip copyright holders with new tools to protect their works online. A key element of the law requires online service providers to remove or disable access to infringing content in response to a takedown notice. The system isn’t bulletproof. Rightsholders repeatedly complain that their content swiftly resurfaces after it’s removed.

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How distinctive are faces?

The IPKat

There are three things I always forget. Names, faces and. the third I can't remember. This quote from the Italian writer Italo Svevo could have been the motto of the EUIPO when it rejected the trade mark applications for real-life pictures of the faces of Dutch models Puck Schrover (see here ) and Maartje Verhoef (see here ; registered eventually). It also ‘swiped left’ on two similar trade mark applications depicting Dutch models Marlijn Hoek and Roos Abels but the Board of Appeal (‘BoA’) of EU

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Guarding the Name of the Game: The Role of Lawyers in Safeguarding Athlete Trademarks

JD Supra Law

In recent years, the surge in athlete trademarks has marked a strategic shift in how sports personalities approach their personal brands. Having recognized their inherent commercial value, athletes today are viewed as powerful brands with marketable identities.

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The 2023 Law360 Pulse Leaderboard

IP Law 360

Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.

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Patent Poetry: TTAB: No Bright-Line Rule against Trademarks for Characters

JD Supra Law

The Trademark Trial and Appeal Board (TTAB) has reiterated that there is no “strict or bright-line rule against registration of characters.” The case is In re Joseph A. Stallard, 2023 USPQ2d 1009 (TTAB 2023).

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Sanctioned Wholesaler Wants Abbott Labs Out Of Her Trust

IP Law 360

A medical wholesaler executive's wife is trying to stop Abbott Laboratories from reaching into her trust in order to satisfy a $33 million judgment against the pair that came after they were found to have engaged in discovery fraud.

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How is Patent Term Extension Calculated For a Reissued Patent?

JD Supra Law

Share on Twitter Print Share Back to top The Patent Term Extension (PTE) provisions of 35 U.S.C. 256 were enacted as part of the Drug Price Competition and Patent Term Restoration Act of 1984. PTE partially compensates pharmaceutical patent owners for the time they are not able to enjoy commercial market exclusivity because their products are not yet approved by the U.S.

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Now Available: the Published Version of My SAD Scheme Article

Technology & Marketing Law Blog

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts. These TROs produce substantially more benefits to rightsowners than the standard notice-and-takedown procedure that has dominated IP enforcement for the past quarter-century.

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Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, Inc. (Fed. Cir. 2023)

JD Supra Law

The Federal Circuit dismissed an appeal from an unsuccessful challenger in an inter partes review (IPR) proceeding based on failure to satisfy the standing requirements for appeal in Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, Inc.

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Carter Carburetor Hiked Prices, Walbro Blamed, Court Hears

IP Law 360

First Brands Group upped prices and canceled orders as soon as its subsidiary Carter Carburetor closed the deal for Walbro LLC's engine management division, then left executives at Walbro to mollify irate customers without letting them reveal who bought the company, the executives told Delaware's Court of Chancery on Tuesday.

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Federal Circuit Patent Watch: Avoid fighting with the courts and administrative agencies

JD Supra Law

Precedential and Key Federal Circuit Opinions - 1. PURDUE PHARMA LP v. COLLEGIUM PHARMACEUTICAL, INC. [OPINION] (2022-1482, 11/21/2023) (Dyk, Hughes, and Stoll) - Dyk, J. The Court affirmed the Patent Trial and Appeal Board’s decision finding that while “[t]he Board issued its Final Written Decision after the statutory deadline. the deadline did not deprive it of authority.”.

Patent 68
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Grana Padano: PDO and collective mark protections can be cumulative in the EU (R 1073/2022-5)

The IPKat

In a recent decision ( R 1073/2022-5 ) that helps to clarify the relationship between EU collective marks and protected designations of origin (PDOs), the Fifth Board of Appeal of the EUIPO (the Board) held that the Grana Padano Protection Consortium (GPPC) could benefit from both a collective mark registration and a PDO requirement in respect of two similar signs.

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USPTO Wants Antibody Patent Case Sent Back For Review

IP Law 360

The U.S. Patent and Trademark Office says the Federal Circuit should terminate Xencor Inc.'s appeal of a Patent Trial and Appeal Board decision that backed an examiner's denial of an application for a patent on antibodies that can be used in autoimmune disease treatments.

Patent 64
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March Muses – diversifying celebrations one decoration at a time

Dragons' Den

In my house it’s never too early to talk about Christmas! With that in mind, fasten your sleigh belt and hear all about March Muses and their decorations of colour that are bringing diversity to celebrations throughout the year. We caught up with Dragons’ Den entrepreneur and March Muses co-founder Alison Burton as she unwrapped the story of her success in the Den along with business partner Natalie Duvall.

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Latest Federal Court Cases - November 2023 #4

JD Supra Law

Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc. (United States Patent and Trademark Office intervening), Appeal No. 2022-1482 (Fed. Cir. Nov. 21, 2023) In the Federal Circuit’s only precedential patent opinion last week, the Court held the Patent Trial and Appeal Board may issue final decisions in post-grant review proceedings even after the statutory deadline has passed.

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Will the CAFC Hear Amici’s Call to Grant Bid for En Banc Review of ODP Doctrine?

IP Watchdog

Just before the Thanksgiving break, a number of amici submitted briefs to the U.S. Court of Appeals for the Federal Circuit (CAFC) asking the en banc court to rehear a case that many feel has a good chance of helping to clarify the law around the judicially-created doctrine of non-statutory obviousness-type double patenting (ODP). Cellect, LLC filed its petition for rehearing en banc on November 13, asking the full court to consider whether the August panel decision should be overturned.

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The Federal Circuit Spins a Yarn

JD Supra Law

The Federal Circuit's decision on claim construction, Barrday, Inc. v. Lincoln Fabrics, Inc., 2023-1903, 2023 WL 7871688 (Fed. Cir. Nov. 16, 2023), takes a dizzy dive into the age-old question of when a claim should be construed more narrowly than its plain language would suggest. Barrday is required reading for patent litigators because it touches on so many doctrines of claim construction.

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Sermon from the Bench: TTAB May Not “Altar” Course in Silence

Patently-O

by Dennis Crouch Universal Life Church Monastery v. American Marriage Ministries (Fed. Cir. 2023) (non-precedential) The case involves Universal Life Church Monastery’s (ULC Monastery) trademark application for the mark GET ORDAINED covering both online retail store services (Class 35) and ecclesiastical services (Class 45) like ordaining ministers.

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The Dual Brand Reputation™ Approach: A More Effective and Efficient Path to Brand Protection for Medium-Sized Manufacturers and Brand Owners

JD Supra Law

Most companies struggling against unauthorized fake products fail to create an effective brand protection program that actually reduces the impacts of counterfeiting. Instead, they often fall prey to approaches focused on activity metrics that do not succeed and were never going to. There is a better method—one that I call the Dual Brand Reputation™ approach.

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Division Bench of the Delhi High Court’s (Divisive?) Clarification on Divisional Applications

SpicyIP

Image from here [ This post has been co-authored with SpicyIP intern Sidhi Pramodh Rayudu with research assistance from Aadvika Anandal. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. Aadvika is a second year student B.A. LL.B (Hons) at NALSAR University of Law, Hyderabad. ] Is “plurality of an invention” indispensable for maintaining a Divisional Application?

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Foley & Lardner Patent Atty Moves To Foley Hoag

IP Law 360

A Foley & Lardner LLP lawyer has joined Foley Hoag LLP, rounding out a team of attorneys in the intellectual property field at the firm, according to an announcement Monday.

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Regeneron Sues Samsung Bioepis for Proposed Biosimilar of EYLEA in West Virginia District Court

LexBlog IP

Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed a Complaint on November 22 against Samsung Bioepis Co., Ltd. (“Bioepis”) in the U.S. District Court for the Northern District of West Virginia, alleging infringement of 37 patents under the BPCIA based on Bioepis’s submission of an aBLA for SB15, a proposed biosimilar of EYLEA (aflibercept) and Bioepis’s provision of Notice of Commercial Marketing with respect to the same.

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Drugmakers Argue Double Patenting Ruling Defies Congress

IP Law 360

AbbVie, Merck, Johnson & Johnson, AstraZeneca, Novartis and other big-name pharmaceutical companies are urging the full Federal Circuit to reconsider a patent invalidation that they say placed a judicially made rule above law set by Congress.

Patent 52
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Are Memes Dangerous?

LexBlog IP

Are Memes Dangerous? by Melanie Lane Are Memes Dangerous? Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. So ubiquitous are they in cultural parlance that a definition for them is barely necessary here.

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Show Jurors The Copyright Notice, Judge Says In Disney Row

IP Law 360

The Walt Disney Co. failed on Tuesday to persuade a California federal judge to stop former Microsoft executive Steve Perlman's digital effects company from potentially showing jurors next week what a team of lawyers from the Mouse House calls a "highly misleading" copyright notice.