Sat.Jul 29, 2023 - Fri.Aug 04, 2023

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5 Things I’ve Learned About Trademarks So Far in 2023

Erik K Pelton

The world of trademarks is always evolving, and Erik is here to share 5 things he has learned so far in 2023. The post 5 Things I’ve Learned About Trademarks So Far in 2023 appeared first on Erik M Pelton & Associates, PLLC. The world of trademarks is always evolving, and Erik is here to share 5 things he has learned so far in 2023.

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Don’t Forget to Protect Your Product Packaging and Product Designs With IP

JD Supra Law

Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations. This blog highlights some of the major things you should consider as you launch your products into the marketplace, from an intellectual property perspective.

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Additional Challenges to Detecting AI Writing

Plagiarism Today

We recently looked at the current state of detecting AI writing. However, a new study may point to additional challenges to ponder. The post Additional Challenges to Detecting AI Writing appeared first on Plagiarism Today.

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FS.COM INC. v. International Trade Commission Corning Optical Communications LLC – Intervenor No. 22-1228 (Fed. Cir. Apr. 20, 2023)

Intellectual Property Law Blog

This case addresses the validity of patents asserted against a high-density fiber optic equipment importer in violation of § 337. In particular, this case discusses enablement and claim construction as it relates to interpretation of open ended ranges and plural claim language. Background Corning Optical Communications LLC (“Corning”) filed a complaint with the International Trade Commission (“ITC”) alleging that FS.COM violated § 337 by importing high-density fiber optic equipment into the Unit

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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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Lessons Learned from Teaching Trademarks

Erik K Pelton

The following is an edited transcript of my video 3 Things I’ve Learned Teaching Trademarks. In addition to teaching and supervising the trademark clinic course at Howard University School of Law, I have taught many webinars and other courses on a variety of trademark topics, and I want to share three things that I’ve learned while teaching about trademarks: Every case is unique.

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Z-Library Rolls Out Browser Extensions in Anticipation of Domain Name Troubles

TorrentFreak

Z-Library has become the go-to site for many readers in recent years by providing access to nearly 14 million books, without charging a penny. The site’s continued ability to do so was put to the test late last year when U.S. law enforcement seized over 200 domain names connected to the platform. Two alleged Z-Library operators were arrested in Argentina and currently face extradition to the States.

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Sanofi-Aventis Deutschlan GMBH v. Mylan Pharmaceuticals Inc.

Intellectual Property Law Blog

The Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision finding the challenged claims of Sanofi-Aventis’ ’614 patent unpatentable as obvious. Background Mylan petitioned for inter partes review of Sanofi-Aventis’ ‘614 patent, alleging that the challenged claims were obvious based on a combination of three prior art references: Venezia, Burren, and de Gennes.

Art 130
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[Audio] Podcast: The Briefing - Zillow Loses Second Round of Copyright Fight

JD Supra Law

The Ninth Circuit recently issued an opinion affirming that Zillow infringed thousands of copyrights owned by a real estate photography studio. Scott Hervey and James Kachmar discuss this case on this episode of The Briefing.

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Twitter/X Might Have a New DMCA Subpoena Controversy On Its Hands

TorrentFreak

June 2022 marked the end of a legal battle that despite modest roots, went on to become one of the most interesting copyright cases in recent years. After paying just $47, a shadowy business entity hoped to obtain a DMCA subpoena that would compel Twitter to hand over the personal details of an alleged copyright infringer. Pseudonymous Twitter user MrMoneyBags had previously posted controversial photographs on Twitter and, as a result, the alleged copyright holder sought to pull back the veil, o

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Japanese University President Resigns Over Self Plagiarism

Plagiarism Today

The president of Aizu University has resigned amid allegations of self-plagiarism. However, it's likely overshadowed by a bigger story. The post Japanese University President Resigns Over Self Plagiarism appeared first on Plagiarism Today.

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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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In re Couvaras, No. 2022-1489 (Fed. Cir. June 14, 2023)

Intellectual Property Law Blog

This case addresses obviousness under 35 U.S.C. § 103 in relation to a method of increasing prostacyclin release to reduce hypertension in a patient. In particular, this case discusses issues relating to motivation to combine, unexpected results, and objective indicia of nonobviousness. Background John L. Couvaras filed U.S. Patent Application 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a human to improve vasodil

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Eight Intellectual Property and Commercial Questions to Ask Your Generative AI Tool Provider

JD Supra Law

As a rapidly increasing number of generative artificial intelligence products come to market, companies interested in incorporating these technologies must evaluate such offerings by balancing speed of implementation and technical capabilities with financial and legal considerations. Providers of such tools are pushing the envelope on what’s possible from a technology perspective while also attempting to assess ethical considerations, tune the models to reflect concerns and build in user.

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Barbie: An IP Girl in an IP World

Copyright Alliance

All the hoopla surrounding the new Barbie movie has awoken a distant Barbie memory for me. No, not that type of memory (I was more of a superhero action figure […] The post Barbie: An IP Girl in an IP World appeared first on Copyright Alliance.

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‘Winning Isn’t Normal’ Author Files First Cases with the CCB

Plagiarism Today

Author Keith F. Bell is the author of Winning Isn't Normal, but he's made a name as a regular litigant. Now, he's coming to the CCB. The post ‘Winning Isn’t Normal’ Author Files First Cases with the CCB appeared first on Plagiarism Today.

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Parus Holdings, Inc. v. Google LLC, No. 2022-1269, 2022-1270 (Fed. Cir. Jun. 12, 2023)

Intellectual Property Law Blog

This case concerns determining the prior art status of certain references in an inter partes review. The Federal Circuit considered whether the Patent Trial and Appeal Board (the “Board”) was correct in declining to consider the patent owner’s certain evidence not submitted in compliance with the Board’s rules and in making a determination regarding written description requirements.

Art 130
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Pirate Site Not Impressed by Global DNS Blocking Order

TorrentFreak

Founded in the last millennium, CannaPower must be one of the oldest pirate sites still around today. The site currently indexes more than 50,000 audio releases, which are shared through external hosting platforms. CannaPower Blocking Efforts With roughly a million monthly visits, mostly from Germany, the download portal is large enough to appear on the music industry’s radar.

Music 98
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Unpacking Purchase Money Security Interests (PMSI): A Detailed Overview

Cogency Global

What this is : A detailed examination of Purchase Money Security Interests (PMSI) , a financial tool whereby a creditor loans money to a debtor for purchasing specific goods and secures a superior interest in those goods. What this means : We help demystify the complex concept of PMSI, showing its relevance to UCC searching and filing procedures and how it can secure "super priority" over other interests in the same collateral, provided certain rules are adhered to.

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3 Count: First Strike

Plagiarism Today

Activision sues TikToker, Grande Communications ordered to pay bond for appeal and Taylor Swift wins lawsuit over Lover design. The post 3 Count: First Strike appeared first on Plagiarism Today.

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Arbutus Biopharma Corporation, FKA Protiva Biotherapeutics, Inc., v. Modernatx, Inc., FKA Moderna Therapeutics, Inc. No. 2020-1183 (Fed. Cir. April 11, 2023)

Intellectual Property Law Blog

This case addresses the legal standard for inherent anticipation. Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 patent, Abstract.

Art 130
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Judge Rader Says PREVAIL Act Will Bring Much-Needed Balance to PTAB Proceedings

IP Watchdog

On August 2, inventor advocacy group US Inventor held a webinar on provisions of the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act that are intended to curb abuses impacting small business patent owners at the Patent Trial and Appeal Board (PTAB). While most panelists on the virtual call acknowledged that the PREVAIL Act wouldn’t solve every problem threatening the U.S. innovation ecosystem’s most vulnerable members, there was widespread agreement that

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Twitter Re-brands to “X” – A Lesson in Trademark Searching and Brand Power

JD Supra Law

Last week, the CEO of Twitter, Elon Musk, announced that Twitter would be re-branded simply as “X.” Upon the new “X” logo being unveiled on most users’ phones, confusion was almost instant. As one friend put it, “I thought it was my Comcast Xfinity app.” This abrupt brand change came as a shock to both the social media community at large and the trademark community.

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3 Count: Slumlord Dismissal

Plagiarism Today

Author loses fight against Netflix, Indian Parliament passes bill to criminalize piracy and Sky obtains unique site blocking injunction. The post 3 Count: Slumlord Dismissal appeared first on Plagiarism Today.

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UCB, Inc. v. Actavis Laboratories UT, Inc. No. 2021-1924, (Fed. Cir. Apr. 12, 2023)

Intellectual Property Law Blog

This case addresses the legal framework for determining whether prior art anticipates a claimed range. The appropriate legal framework applies a different test depending on whether the prior art discloses a point within the claimed range vs. a range overlapping the claimed range. Background UCB, Inc. (“UCB”) holds patents (the “Muller” patents, priority date in 1999) covering the active ingredient rotigotine in Neupro, a Parkinson’s medication administered via a patch on the skin.

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No CTRL-ALT-DEL in the 9th Circuit for the Server Test

The IP Law Blog

It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC , questioned the scope and validity of the Server Test, a copyright doctrine that was established by the 9th Circuit and has since been rejected by a number of courts. Alexis Hunley et al v Instagram, LLC involved a potential class action claim against Instagram related to its embedding practice.

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DataCamp: Pirate IPTV “Scam Judgment” Worth Millions Aimed to “Terrorize” Hosting Companies

TorrentFreak

Filed in February 2022, a DISH Network copyright infringement lawsuit demanded $32.5m in damages from UK-based CDN company DataCamp. The complaint alleged that DataCamp failed to take appropriate action against 11 pirate IPTV services flagged by DISH as repeat infringers, through the sending of more than 400 DMCA notices to DataCamp. Similar lawsuits have become fairly common in recent years and when copyright holders prevail, damages awards can reach hundreds of millions of dollars.

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Superconductors and Research Integrity

Plagiarism Today

Research into semiconductors has been exploding with two separate announcements of a major breakthrough, both beset with serious issues. The post Superconductors and Research Integrity appeared first on Plagiarism Today.

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The State of Scholarly Metadata

Velocity of Content

Reliable information resources are key for a shared understanding of the impact of metadata across the complex research lifecycle. The State of Scholarly Metadata: 2023 outlines the current state of open scholarly communications based on dozens of interviews with key community members. Recently, CCC’s Jamie Carmichael hosted an interactive webinar to share insights from the report about the complexities and challenges in metadata management across the research lifecycle.

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Boards of Appeal confirm lack of legal basis for mandatory ViCo proceedings absent a state of general emergency (T 0149/21)

The IPKat

There is growing consensus from recent Boards of Appeal that G1/21 does not endorse the imposition of ViCo oral proceedings, absent a state of general emergency ( T 1501/20 ). These most recent cases contradict the decisions of earlier Boards of Appeal that G1/21 could be ignored in view of improvements in ViCo technology. ViCo controversy catch-up The mandatory use of ViCo in oral proceedings was introduced in response to the travel restrictions caused by the COVID-19 pandemic.

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9anime Rebrands to AniWave Citing Legal Troubles

TorrentFreak

Two decades ago, most piracy activity was centered around music. When broadband capacity grew, movies and TV series eventually took over and they remain most popular today. Within the video piracy category, anime has become a significant traffic magnet. Today, there are many piracy sites specializing in anime, with the largest serving millions of pageviews per day. 9anime is one of these anime piracy juggernauts.

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3 Count: Baby Battle

Plagiarism Today

CoComelon creators win case against similar show, Dua Lipa faces another lawsuit over Levitating and copyright royalty board rates upheld. The post 3 Count: Baby Battle appeared first on Plagiarism Today.

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Newman Slams CAFC’s Flawed Eligibility Precedent in Dissent to 101 Loss for Realtime Data

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a district court’s dismissal of Realtime Data, LLC’s patent infringement claims based on invalidity of the asserted claims under 35 U.S.C. § 101. In a previous ruling, the CAFC sent the case back to the district court asking for a more fleshed out Section 101 analysis. Judge Pauline Newman dissented to today’s judgment, calling current eligibility jurisprudence a “morass” and saying she would have remanded the case for deter

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The relevance of G 2/21 to machine learning inventions (T 2803/18)

The IPKat

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. G 2/21 arose from a case in the biotech field. The referring decision and much of the surrounding commentary to G 2/21 also focused on the terminology of plausibility, which is also often used in the biotech field ( IPKat ).

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How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Technology & Marketing Law Blog

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof. Christa Laser Artists and creators can generate digital images , alter photos , conjure creative text , or make code all from a set of natural language text-based prompts using generative artifi

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Bungie Targets ‘Ring-1’ Destiny 2 Cheat Defendants From U.S. to Australia

TorrentFreak

After reading the introduction to Bungie’s latest lawsuit, which targets makers and sellers of Destiny 2 cheats, one gets the impression the developer may be starting to enjoy this fight. A Bungie-compiled list of online aliases, including PRAGMATICTAX, NOVA, J3STER and CYPHER, are the latest individuals to face legal action for developing, marketing, selling, and providing customer support for, tools that enable cheating in the blockbuster online game, Destiny 2.

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Valve Rejects Games with AI Assets Over Copyright Concerns

JD Supra Law

Valve has reportedly adopted a policy to reject games that use AI-generated content over infringement concerns. A developer posted on the “aigamedev” subreddit that in response to submitting a game with some assets that were obviously AI-generated, he received a rejection notice from Valve stating: While we strive to ship most titles submitted to us, we cannot ship games for which the developer does not have all of the necessary rights.