Plagiarism Today
JANUARY 2, 2024
Law firm sues competitor over copied brief, pirate site closure was exaggerated, and a horror game based on Steamboat Willie is announced. The post 3 Count: Scary Mouse appeared first on Plagiarism Today.
Intellectual Property Law Blog
JANUARY 2, 2024
In Elekta Limited v. Zap Surgical Systems, Inc. , No. 21-1985 (Fed. Cir. Sept. 21, 2023) , the case addresses the interplay between findings related to motivation to combine and reasonable expectation of success in determining obviousness under 35 U.S.C. § 103. Background Elekta Limited (“Elekta”) is the owner of U.S. Patent No. 7,295,648 (the “’648 patent), which discloses “a device for treating a patient with ionizing radiation for certain types of radiosurgery and radiation therapy.
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Plagiarism Today
JANUARY 2, 2024
The New York Times recently sued both OpenAI and Microsoft. Here's why their case is different, and likely stronger, than many others. The post Why The New York Times AI Case is Different appeared first on Plagiarism Today.
IP Law 360
JANUARY 2, 2024
The copyright infringement complaint The New York Times filed against Microsoft and OpenAI alleging that the companies ripped off millions of its articles to train ChatGPT came after the newspaper tried for months to negotiate a licensing agreement, according to the suit.
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?
IP and Legal Filings
JANUARY 2, 2024
Introduction Parties seeking an alternative to the traditional court system, often turn to Arbitration as a means of dispute resolution. It is a consensual process wherein parties agree to submit their case to an impartial third party, an arbitrator, or a panel of arbitrators. However, determining the arbitrability of a dispute requires a consideration of various factors, such as the specific laws, the jurisdiction, the terms of the arbitration agreement, the nature of the dispute, etc, as the n
TorrentFreak
JANUARY 2, 2024
On December 1, 2023, an interesting piece of news began to gain traction in South Korea and beyond. First published by national broadcaster KBS, the report claimed that after five years of tracking, major webtoon publisher Kakao Entertainment had “identified the operator of ‘M’, the world’s largest illegal comics and webtoon distribution site.” Big (Conflicting) Claims This claim piqued our interest.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JANUARY 2, 2024
Under U.S. copyright law, Internet providers must terminate the accounts of repeat copyright infringers “in appropriate circumstances.” The law doesn’t specify what these circumstances are but in recent years federal courts have provided more context. Cox and Grande Communications were both ordered to pay many millions of dollars in damages, for example.
JD Supra Law
JANUARY 2, 2024
Key Takeaways - New York codifies employee intellectual property rights New York prohibits liquidated damages provisions in certain non-disclosure agreements New York prohibits employers from requesting access to employees/applicants electronic personal accounts.
IP Watchdog
JANUARY 2, 2024
On December 28, agricultural tech developer Inari filed an amicus brief with the U.S. Court of Appeals for the Federal Circuit (CAFC) urging the appellate court to deny a petition for rehearing en banc of the court’s August ruling in In re Cellect. Inari’s brief highlights that the Federal Circuit’s application of the obviousness-type double patenting (ODP) doctrine to legislatively-prescribed patent term adjustments (PTA) is critical to the success of companies like Inari who build upon techno
JD Supra Law
JANUARY 2, 2024
2023 was an exciting year for Section 337 litigation at the ITC, particularly in the final quarter of the year. As we ring in the new year, Wolf Greenfield Shareholder Libbie DiMarco examines five of the most noteworthy ITC developments from 2023. By: Wolf, Greenfield & Sacks, P.C.
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.
IP Law 360
JANUARY 2, 2024
A California federal judge has rejected dueling motions by Intel Corp. and VLSI Technology seeking summary judgment on Intel's argument that it has a license to chip patents owned by VLSI and cannot infringe them, saying it's a dispute for a jury to untangle.
JD Supra Law
JANUARY 2, 2024
Canatex Completion Sol. Inc. vs. Wellmatics LLC, et al., Case No. 4:22-cv-03306, Dkt. No. 100 (S.D. Tex. Dec. 14, 2023) - Found a mistake in your patent? You might want to get it fixed at the U.S. Patent and Trademark Office (“PTO”). If the mistake is not corrected by the PTO, your patent may be found invalid in court. On December 14, 2023, the Southern District of Texas (“the court”) held all patent claims invalid because a claimed phrase contained an error that rendered the claims.
IP Law 360
JANUARY 2, 2024
The U.S. Copyright Office is seeking feedback on its pitch to create a group registration option that would make it easier for online news publishers to seek protections for their websites that are frequently updated under a proposed rule scheduled to be published Wednesday.
JD Supra Law
JANUARY 2, 2024
As the new year gets underway, we want to flag the newest misleading trademark email scams, as these communications have become more advanced in their targeting.
SpicyIP
JANUARY 2, 2024
Recently, Laila Impex’s application pertaining to an herbal composition ( IN201641013908 ) was opposed by CSIR’s TKDL unit. However, in a surprising turn of events, the unit did not attend the hearing, and the representation given also did not emphasize any of the specific grounds of opposition. Initiated in 2001, the TKDL aims to serve as a vital link between traditional knowledge books and patent examiners, safeguarding Indian traditional medicinal knowledge and thwarting its misappropri
JD Supra Law
JANUARY 2, 2024
The Patent Trial and Appeal Board denied institution of an inter partes review after determining that petitioner failed to establish public availability of a prior art reference based on an alleged publication date listed in several digital repositories. The board also held that evidence in the form of a linked webpage is entitled to no weight.
The IPKat
JANUARY 2, 2024
PatKat awoke from her mince pie induced doze to the intriguing news that there may be another referral to the Enlarged Board of Appeal (EBA) waiting in the wings. This potential referral concerns the all important question of how much the description should be taken into account for claim interpretation. In the pending appeal case T 439/22 , the Board of Appeal suggests that a referral is needed in view of the conflicting case law on whether the description should be consulted in order to interp
JD Supra Law
JANUARY 2, 2024
Federal Circuit Judge William Bryson, sitting by designation in the District of Delaware, ruled on summary judgment that inter partes review (IPR) estoppel does not apply to device art, even if the device is cumulative of patents or printed publications that were or could have been asserted in an IPR.
Likelihood of Confusion
JANUARY 2, 2024
If trademark / Internet cases are not at the top of things to stay on top of in late December, you may have missed this potentially important decision giving Google. The post Google me this appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
JANUARY 2, 2024
In a recent decision, the Patent Trial and Appeals Board found that the disputed claims regarding transferring digital content were not unpatentable under 35 U.S.C. § 103(a) after determining that the prior art cited by the petitioner did not antedate the corroborated conception date of the disputed claims. Unified Patents, LLC v. Flexiworld Technologies, Inc., IPR2022-00775, Paper 41 (November 1, 2023).
IP Watchdog
JANUARY 2, 2024
On December 27, the New York Times Company became the latest complainant to accuse OpenAI’s Large Language Model, ChatGPT, as well as Microsoft’s GPT-4-powered Bing Chat, of widespread copyright infringement. The Times alleges that Microsoft and OpenAI reproduce Times content verbatim and also often attribute false information to the Times. OpenAI has been sued by numerous creators and authors for training its chatbots on content found online, including non-public or copyright-protected content.
43(B)log
JANUARY 2, 2024
Newman v. Bayer Corp., F.Supp.3d -, 2023 WL 6318523, No. 22-CV-7087 (KMK) (S.D.N.Y. Sept. 28, 2023) Another day, another “One A Day” claim where the bottle instructs users that, you guessed it, a daily serving is more than one gummy. NY GBL § 349 and § 350 claims survived. (Does this cause any problems for the One A Day trademark?) One a Day gummies that aren't one a day The court found consumer-oriented conduct and price premium injury sufficiently alleged.
LexBlog IP
JANUARY 2, 2024
Licensing trademarks to franchisees can be a valuable and successful business model—think McDonald’s, Papa John’s, Dunkin’, Orangetheory—but it also comes with some risks. One of those risks is naked licensing, which occurs when a licensor (or franchisor) fails to adequately control the nature and quality of the goods or services sold by the licensee (or franchisee).
43(B)log
JANUARY 2, 2024
Reyes v. Upfield US Inc., F.Supp.3d -, 2023 WL 6276685, No. 22-CV-6722 (KMK) (S.D.N.Y. Sept. 26, 2023) Reyes alleged that the labeling on some of Country Crock’s plant butter was deceptive in violation of §§ 349 and 350 of the New York General Business Law; common law breach of express warranty; common law fraud; and common law unjust enrichment. The first claim survived, with some sharp words from the judge on the common-law claims.
LexBlog IP
JANUARY 2, 2024
This company needs to be reigned in, people are SUFFERING BIG TIME! One thing I know for sure, people who use BitTorrent or other related applications and download adult movies can find themselves in quite a bind. People make mistakes, but should you have to pony up your life savings to avoid a copyright infringement lawsuit? Strike 3 Holdings believes you do, and they literally have no mercy for the clients; many are Asians in the Bay area and elsewhere.
IP Law 360
JANUARY 2, 2024
A Washington appeals court has revived an online fundraising platform's suit accusing former sales representatives of improperly moving to a competitor, distinguishing the website's claims in the Evergreen State case from its win in Idaho state court against the rival company the workers departed for.
LexBlog IP
JANUARY 2, 2024
Avoiding Cellect The Federal Circuit’s In re Cellect ruling has significant implications for patent portfolios, emphasizing the need for careful planning to avoid obviousness-type double patenting (OTDP) that could compromise statutory term and patent validity. Particularly, patents with patent term extension (PTE) may face increased risk, as reference patents in the same family might have already expired during the PTE period, rendering claims incurably invalid if not addressed promptly.
IP Law 360
JANUARY 2, 2024
The Federal Circuit on Tuesday backed a lower court's invalidation of a pair of PureCircle USA Inc.'s patents on non-caloric food sweeteners, finding that most of the claims at issue weren't described well enough under patent law.
LexBlog IP
JANUARY 2, 2024
In Elekta Limited v. Zap Surgical Systems, Inc. , No. 21-1985 (Fed. Cir. Sept. 21, 2023) , the case addresses the interplay between findings related to motivation to combine and reasonable expectation of success in determining obviousness under 35 U.S.C. § 103. Background Elekta Limited (“Elekta”) is the owner of U.S. Patent No. 7,295,648 (the “’648 patent), which discloses “a device for treating a patient with ionizing radiation for certain types of radiosurge
IP Law 360
JANUARY 2, 2024
As more professional sports teams and organizations employ the use of artificial intelligence, counsel should keep a critical eye on several legal issues, including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect applicable intellectual property rights, say attorneys at Squire Patton.
Christopher Roser
JANUARY 2, 2024
In industry, I often find the view that machines must run. The reasons given for this are that the machines were expensive investments, labor cost will accumulate, and the customer is waiting for products, hence the line must run. There is definitely some truth in this. However, the conclusion that the line must not stop. Read more The post Keep Calm and Stop the Line—Part 1 first appeared on AllAboutLean.com.
IP Law 360
JANUARY 2, 2024
A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman.
LexBlog IP
JANUARY 2, 2024
When negotiating physician compensation issues, hospitals frequently rely upon the premise they must pay fair market value compensation in order to comply with the provisions of the Stark Act prohibiting referrals in exchange for compensation, and sometimes non-profit inurement issues. Although the prohibitions are clear, determining what constitutes fair market value is often not.
IP Law 360
JANUARY 2, 2024
Expect further changes in a half-dozen areas in 2024 following a busy 2023 at the Patent Trial and Appeal Board, including more adjustments to the director review process and the first case to hit the Appeals Review Panel, say attorneys at Finnegan.
LexBlog IP
JANUARY 2, 2024
In the USPTO’s Patent Center, specifications, claims, abstracts and drawings are the only application parts that can be submitted in.docx.
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