Plagiarism Today
JULY 22, 2024
Fourteen NBA teams sued for copyright infringement, Michael Jackson catalog sale to move ahead and researchers seek AI copyright exemption. The post 3 Count: Double Dribble appeared first on Plagiarism Today.
Patently-O
JULY 22, 2024
by Dennis Crouch In recent years, the United States Patent and Trademark Office (USPTO) has undergone a significant shift in its examiner composition, with real implications for patent prosecution strategies. Our data reveals a dramatic drop in the percentage of assistant examiners over the past decade. Prior to 2015, over 35% of patents were examined by assistant examiners.
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Olartemoure Blog
JULY 22, 2024
On Wednesday, June 12th 2024, Japan enacted groundbreaking legislation aimed at ensuring that tech giants like Google or Apple provide access to third-party smartphone apps and payment systems on their platforms. This law represents a significant move to bolster fair competition, enhance consumer choice, and reduce monopolistic practices by dominant digital platform operators.
IP Watchdog
JULY 22, 2024
Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in ZyXEL Communications Corp. v. UNM Rainforest Innovations affirming obviousness findings entered by the Patent Trial and Appeal Board (PTAB) over UNM Rainforest Innovations’ (UNMRI) arguments that ZyXEL’s expert witness misrepresented his contributions to an expert report relied upon by the Board.
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?
TorrentFreak
JULY 22, 2024
Pirate sites tend to come and go but in recent months it’s been challenging to keep up with all the changes. Earlier this year, several popular pirate sites including Zorox, Upmovies, Animeflix, and Vegamovies lost their domains due to legal action. These sites relaunched under new domains, but more confusion lay ahead. In June, Fmovies switched to a new domain name , Fmovies24.to, after trading Fmovies.to for Fmoviesz.to a few months earlier.
Kluwer Copyright Blog
JULY 22, 2024
Landgericht Hamburg Criminal Justice Building by Andrew Milligan sumo from flickr CC BY 2.0 Last week, the District Court of Hamburg, Germany, held a hearing in the first European case to examine the legality of using copyrighted works for the purpose of training generative AI models. The case centers on LAION e.V.’s (a German non-profit organization that builds widely used training datasets) download of an image by German photographer Robert Kneschke for inclusion in the LAION 5B dataset.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
JULY 22, 2024
The single judge bench of the Delhi High Court comprising of J. Mini Pushkarna on 4 July 2024 passed an order in Phillip Morris Products SA v. Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” The rejection had been based on the invention being “contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health
JD Supra Law
JULY 22, 2024
On June 28, 2024, the European Commission (EC) held a workshop on competition in virtual worlds and generative artificial intelligence (AI). The event followed the EC’s January 2024 call for contributions on the level of competition within these two sectors.
SpicyIP
JULY 22, 2024
Here is our recap of last week’s top IP developments including summary of the posts on the “origin” of Khadi, an empirical study on the ways “scandalous” and “obscene” marks are prosecuted by the Trademark Registry, quia timet injunction in Roche v. Zydus. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.
JD Supra Law
JULY 22, 2024
Many companies are considering or currently engaging in acquisitions or investments in startups and established providers of artificial intelligence (“AI”) technology. They see opportunities to leverage AI to build and improve their existing businesses or get into new markets. While AI may present extraordinary opportunities, risks abound.
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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 Watchdog
JULY 22, 2024
The U.S. Copyright Office has implemented a rule that offers a new group registration option for frequently updated news websites. The option would allow online news sites to register “a group of updates to a news website as a collective work with a deposit composed of identifying material representing sufficient portions of the works, rather than the complete contents of the website.
JD Supra Law
JULY 22, 2024
The Olympics are coming! Now is a good time for brand owners who are planning promotional activities related to the Olympic games, or have endorsement agreements with Olympic athletes, to review the rules and make sure they are in compliance with advertising “dos and don’ts.” Both the International Olympic Committee (“IOC”) and the U.S. Olympic Committee (“USOC”) have their own guidelines.
IP Watchdog
JULY 22, 2024
Pharmacy benefit managers, or simply PBMs, are often owned by either the pharmacies themselves or sometimes by insurers, which creates a lot of self-dealing to say the least. These PBMs are middlemen who receive 50% of the value of the drug, significantly raising drug prices. This has nothing to do with IP whatsoever.
JD Supra Law
JULY 22, 2024
With artificial intelligence (AI) taking the world by storm and generative AI making content creation easier than ever, legal problems regarding intellectual property and rights to publicity have inevitably started popping up, most notably in Hollywood regarding Scarlett Johansson and the late rapper Tupac Shakur.
Michael Geist
JULY 22, 2024
The battle over a digital services tax has been the subject of Law Bytes podcast episodes for several years as the Canadian government signalled its intent to move ahead with one even as US officials warned of risks of trade retaliation if they did so outside of an international framework. With the DST now in effect, what does trade law have to say and how might the US respond?
JD Supra Law
JULY 22, 2024
As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have held public hearings to address how, if at all, AI should be regulated and to what extent IP rights should inhere in AI-assisted inventions and creative works.
The TTABlog
JULY 22, 2024
So far this year, the rate of TTAB affirmance of Section 2(d) refusals is a stunning 94%. Here are three recent TTAB decisions in Section 2(d) appeals. How do you think they came out? [Answers in first comment.] In re Creative Systems and Design, LLC , Serial No. 97340379 (July 12, 2024) [not precedential] (Opinion by Judge Robert Lavache) [Section 2(d) refusal of the mark QUANTEX for "Hand tools, namely, ratchet wrenches, sockets, extensions, drive tools, socket sets, open end wrenches, combina
JD Supra Law
JULY 22, 2024
On May 11, 2024, the Defend Trade Secrets Act (DTSA) celebrated its eight-year anniversary. The DTSA’s enactment in 2016 marked a turning point in US trade secret protection. It gave parties seeking redress for misappropriation a choice between commencing an action in federal or commencing it in state court, even in the absence of diversity jurisdiction.
IP Law 360
JULY 22, 2024
VidStream can't block X Corp. from deploying features that allegedly infringe its patent over a system for receiving and distributing user-generated video, a Texas federal judge said Monday, finding that VidStream is unable to show the alleged infringement can't be remedied through monetary damages and therefore fails to show it will be irreparably harmed.
JD Supra Law
JULY 22, 2024
In March 2019, Cologne & Cognac Entertainment of New Jersey filed a trademark application at the USPTO for recordings featuring music and artistic performances, music composition services, production of musical videos in the nature of live performances by musical artists, and providing related entertainment and information services, under the following mark.
IP Law 360
JULY 22, 2024
A Virginia federal judge has ruled that the U.S. Patent and Trademark Office appropriately rejected drugmaker Lundbeck's request for three additional months of patent exclusivity for a PTSD drug, saying the agency could dock those days due to the impermissible gray shading of some text in the company's patent application.
JD Supra Law
JULY 22, 2024
The United States Patent and Trademark Office (USPTO) recently published new guidance on subject-matter eligibility as related to Artificial Intelligence (AI), opening a written comment window to respond with a deadline of September 16, 2024. By: Rothwell, Figg, Ernst & Manbeck, P.C.
IP Law 360
JULY 22, 2024
Automakers accused of infringing Neo Wireless LLC's technology have urged a Michigan federal judge to keep alive their defense that Neo committed misconduct, arguing that the wireless company withheld information about a competitor's project that would have rendered the patents at issue obvious.
JD Supra Law
JULY 22, 2024
Did you know that according to The NY Times, about half of new businesses fail within the first five years? This reality underscores the critical importance of establishing a strong business plan and legal foundation from the outset. Without it, startups risk becoming just another statistic in the ever-growing pool of failed ventures. Starting a business is an exciting venture, but without a solid business plan and legal foundation, you’re exposed.
IP Law 360
JULY 22, 2024
Public relations firm Multiply on Monday accused Elon Musk's social media platform of ripping off its stylized "X" logo to create a substantially similar design, despite knowing Multiply already has a registered trademark, according to an infringement lawsuit in California federal court.
JD Supra Law
JULY 22, 2024
As mentioned in last month’s IP Practice Tips, reissue applications are subject to additional legal doctrines founded in requirements of 35 U.S.C. § 251. One doctrine that has been operative since the first reissue statute was introduced in 1832 is modernly known as the “original patent requirement” (OPR). As currently seen in 35 U.S.C. 251(a), the statute provides in pertinent part “…the Director shall … reissue the patent for the invention disclosed in the original patent, […].
IP Law 360
JULY 22, 2024
A California federal jury unanimously found bitcoin mining firm Marathon Digital Holdings, Inc. liable for nearly $139 million in damages over allegedly breaching a consultant's contract when it cut him out of the deal he brought to the firm.
JD Supra Law
JULY 22, 2024
In an effort to prevent and curb unfair competition in the online sphere, maintain fair market competition, encourage innovation, and protect the legitimate rights and interests of businesses and consumers, the State Administration for Market Regulation (SAMR) of China recently announced the “Provisional Regulations on Combating Unfair Competition in the Online Sphere” (hereinafter referred to as the “Regulations”), which will take effect on September 1, 2024.
IP Law 360
JULY 22, 2024
LegalForce RAPC Worldwide PC has filed a federal trademark infringement suit against Law Finance Group Inc. in the San Francisco Bay Area, accusing it of violating the firm's "LF" trademark in providing legal services.
JD Supra Law
JULY 22, 2024
On July 17, 2024, the U.S. Patent and Trademark Office (USPTO) issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET), especially artificial intelligence (AI). The guidance update is issued in accordance with Executive Order 14110 on the "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" issued on October 30, 2023.
IP Law 360
JULY 22, 2024
While the NCAA has never been a stranger to high-stakes litigation, the past six months have seen a deluge of courtroom intrigue as college athletes flex their legal muscle amid a quickly shifting consensus on the organization's overall business model.
JD Supra Law
JULY 22, 2024
On July 17, the USPTO published an update to the patent eligibility guidance and added three new examples to aid practitioners and examiners in determining whether a claimed invention is eligible subject matter under Section 101. The updated guidance addresses several points on how to assess the eligibility of AI and machine learning inventions specifically.
IP Law 360
JULY 22, 2024
Laser technology company Opto Electronics urged the Fourth Circuit to overturn a jury finding that it was liable for ripping off Honeywell International over royalties for barcode scanners, arguing that a contract between the companies foreclosed the result as a matter of law.
JD Supra Law
JULY 22, 2024
One way that reexamination advantageously differs from other administrative post-grant review processes is the absence of word or page counts as a limiting factor in presenting the challenge, here substantial new questions of patentability (SNQs). In fact, reexamination filings often grow quite large— many have hundreds of pages, and a few even reach thousands of pages.
IP Law 360
JULY 22, 2024
The Ninth Circuit on Monday said a federal judge correctly dismissed a copyright and trade secrets complaint from a South Korean video game developer against a rival because their country is a more convenient venue, rejecting plaintiff Nexon Korea Corp.'s arguments that the Digital Millennium Copyright Act should have prevented that from happening.
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