Hugh Stephens Blog

DECEMBER 11, 2023

Photo: Author The CBC—which, by the way, has just announced it will be cutting 10% of its workforce owing to reductions in the funding it receives from Parliament, cuts that unfortunately will probably curb its investigative programming—has “revealed” that works by a number of prominent Canadian authors such as Margaret Atwood, Alice Munro, Robertson Davies, … Continue reading "CBC Investigation Documents the Challenge for Writers: Works by Prominent Canadian Authors are Included in AI Tr

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Plagiarism Today

DECEMBER 11, 2023

With the launch of Grok, xAI's new AI system, questions arose about where its data came from and if it was copying OpenAI's homework. The post When AI Plagiarizes AI appeared first on Plagiarism Today.

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IP Law 360

DECEMBER 11, 2023

The U.S. Copyright Office on Monday again denied an artist's attempt to register his van Gogh-inspired artwork generated by artificial intelligence, saying there's not enough human involvement for the artist to claim copyright.

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Plagiarism Today

DECEMBER 11, 2023

Marvel settles final copyright termination dispute, Piracy Shield goes online in Italy and Adam McKay faces Don't Look Up lawsuit. The post 3 Count: Avengers Assemble appeared first on Plagiarism Today.

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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?

Technology

Technology & Marketing Law Blog

DECEMBER 11, 2023

by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. v. MSCHF Prod. Studio, Inc. , 2023 U.S. App. LEXIS 32063 (2d Cir. 2023), I already had my red grading pen out. The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion.

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JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. In December 2020, the USPTO sought public input on ‘‘whether its interpretation of the article of manufacture requirement in the United States Code should be revised to protect digital designs that encompass new and emerging technologies.”.

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Olartemoure Blog

DECEMBER 11, 2023

Many brands use mountains in their logos or within their designs. Some are generic representations of mountains, like Evian water and Matiz coffee but others are based on real ones. Some examples are: A Paramount with the Ben Lomond Mountain. A Patagonia with the Monte Fitz Roy. A And of course, Toblerone with the Matterhorn. We all know and recognize Toblerone with the image of the Matterhorn, both on its logo and on the shape of the chocolate bar.

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IP Law 360

DECEMBER 11, 2023

Last week, a Tesla stockholder threw a rock at Elon Musk's glass house, Floor & Decor shareholders got an updated order, Abercrombie & Fitch's former CEO sought legal fees, and Rwanda moved ahead in its lawsuit against a Massachusetts pharmaceutical company. In case you missed any of it, here's the wrap-up of legal news from Delaware Chancery Court.

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Legal Zoom

DECEMBER 11, 2023

Over 32 million small businesses will be affected by the latest beneficial ownership reporting rules from FinCEN. Yours could be one of them. Find out how the rules will affect you and how accurate reporting can help you comply.

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IP Law 360

DECEMBER 11, 2023

The Seventh Circuit should reject the federal government's claim that a healthcare software company wrongly took $3 million in tax deductions meant for domestic software production, the company argued, saying the government inaccurately described its product licensing costs as disqualifying service fees.

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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.

Patent

TorrentFreak

DECEMBER 11, 2023

Over the past several years we’ve covered dozens of copyright troll cases against tens of thousands of alleged copyright infringers. Our coverage mostly focuses on piracy-related cases, but there are other variants too. Outfits that target blogs and other websites for using photos without permission, for example. The definition of the term ‘copyright troll’ is fluid.

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Patently-O

DECEMBER 11, 2023

Guest Post from Professors Pamela Samuelson , Christopher Jon Sprigman , and Matthew Sag. The U.S. Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. 2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office’s questions focused on a wide range of issues including the copyright implications of the use of in-copyright works as training data, on the feasibility o

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JD Supra Law

DECEMBER 11, 2023

On November 22, 2023, Biocon Biologics Inc. (“Biocon”) submitted a Petition for Inter Partes Review of claims 1-34 of U.S. Patent No. 10,961,307 (“the ’307 patent”), assigned to Janssen Biotech, Inc. (“Janssen”), requesting that trial be instituted and the challenged claims cancelled. Biocon Biologics Inc. v. Janssen Biotech, Inc., IPR2023-01444.

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Michael Geist

DECEMBER 11, 2023

The CRTC just concluded a three week hearing on Bill C-11 with its primary focus on the prospect of mandating interim payments by Internet streaming services. The result was predictable as just about everyone made their way to Gatineau to make their case for cash. I appeared for the first time before the CRTC where argued that it should prioritize competition, consumer choice and affordability, recognizing that the emerging system brings with it risks of market exit or higher prices.

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JD Supra Law

DECEMBER 11, 2023

​​​​​​​Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed a Complaint on November 29, 2023, against Formycon AG (“Formycon”) in the U.S. District Court for the Northern District of West Virginia, alleging infringement of 39 patents under the BPCIA based on Formycon’s submission of an aBLA for FYB203, a proposed biosimilar of EYLEA (aflibercept).

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The IPKat

DECEMBER 11, 2023

This Kat’s attention has recently been drawn to a Kat-focused ruling: that of design and copyright protection of a cat litter tray. Resolved by the first instance Community design court in Brussels, this case tackled issues such as forum shopping and cumulation of rights in a work of applied art (case A/22/02872 ). Background to the dispute The litigation was initiated by Savic, a Belgian producer of pet products.

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JD Supra Law

DECEMBER 11, 2023

2 In Hatch-Waxman litigation, method of treatment patents present unique infringement issues. Because generic drug manufacturers typically do not treat patients, patentees frequently allege induced or contributory infringement. The Federal Circuit’s precedential opinion in H. Lundbeck A/S v. Lupin Ltd. narrows the grounds on which brand product manufacturers can allege infringement of method of treatment patents, particularly when the ANDA applicant seeks approval for “skinny” labeling.

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The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Léon provides a brief summary of the book’s main argument below and announces a launch event on 12 January 2024 that promises to be interesting.

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JD Supra Law

DECEMBER 11, 2023

Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity concerned is a service invention-creation; The right to apply for a patent for a service invention-creation belongs to that entity, which shall be the patentee after the application is granted; Service invention-creations made in the performance of the tasks of the entity to which.

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IP Law 360

DECEMBER 11, 2023

Tobacco giant ITG Brands LLC is asking a North Carolina business court to hold in contempt a defendant in a now-settled trademark case involving the soon-to-close Winston Cup Museum, asserting owner Will Spencer has made multiple false statements to make himself appear the victim in a dispute over the Winston cigarette brand.

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JD Supra Law

DECEMBER 11, 2023

On December 6, 2023, the Office of Information and Regulatory Affairs (“OIRA”) released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (the “Agenda”), a semiannual compilation of information regarding regulations under development by federal agencies.

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IP Law 360

DECEMBER 11, 2023

In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.

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JD Supra Law

DECEMBER 11, 2023

Explore the intricacies of transforming individuals into AI avatars and the key legal issues and provisions to keep in mind. Informed by our team’s talent-side and tech-side experiences, we’ll navigate: - Likeness License Toolkit: What platforms and talent need for a successful partnership, from IP rights and content details to concerns like permissions and existing contracts. - Remedies and Obligations: What’s market, what’s reasonable and best practices for approaching likeness license.

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IP Law 360

DECEMBER 11, 2023

A small biotech business plans to use the web of settlement agreements it has landed since netting a blockbuster jury verdict last year to ask jurors to award it $410 million early next year, though the bid is opening the company up to arguments that nobody wanted to buy its patents before getting dragged into court.

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IP Watchdog

DECEMBER 11, 2023

This week in Washington IP news, the House of Representatives holds a hearing on digital copyright piracy and a Senate subcommittee looks at the impact of algorithms. Elsewhere, CSIS delves into the EU’s answer to the U.S. CHIPS & Science Act.

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JD Supra Law

DECEMBER 11, 2023

In a recent decision, the Federal Circuit found no abuse of discretion by the Board when it allowed Apple to expand its analogous art contention in its IPR reply, finding that the Board’s decision did not run afoul of the “newness” nor “responsiveness” restrictions governing what a petitioner may include in its reply. See Corephotonics, Ltd. v. Apple Inc., 84 F.4th 990 (Fed.

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The IPKat

DECEMBER 11, 2023

As former prime minister of the UK Theresa May famously said: Brexit means Brexit! But does it really? Not for the trade mark offices and the courts, it seems. There are several appeals pending before the CJEU concerning the effects of Brexit on EU trade mark law. According to the ‘Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community’ (‘ Withdrawal Agreement ’), the UK essentially remained a part

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JD Supra Law

DECEMBER 11, 2023

Recently, in Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc., the Federal Circuit held for the first time that the Patent Trial and Appeal Board (“the Board”) has the authority to issue a Final Written Decision even after the statutory deadline has passed. Congress introduced post grant review (“PGR”) and inter partes review (“IPR”) in 2011 as part of the America Invents Act (AIA).

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Corsearch

DECEMBER 11, 2023

While the concept of filing oppositions to a potentially conflicting application for registration of a trademark is relatively simple, it’s a challenging practice area of law. Choosing the grounds for your opposition is one part of the puzzle and proving it is another entirely. Amongst the most difficult grounds to prove is that of bad faith. At the outset, all trademark applications are presumed to have been filed in good faith, so a significant burden of proof is required to overturn tha

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Likelihood of Confusion

DECEMBER 11, 2023

One of the first posts on LIKELIHOOD OF CONFUSION® was about Gibson Guitar Corp. v. Paul Reed Smith Guitars, LP, 70 UPSQ2d 1911 (M.D. Tenn. 2004), and the question of. The post While my guitar gently weeps appeared first on LIKELIHOOD OF CONFUSION™.

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IP Law 360

DECEMBER 11, 2023

The U.S. Supreme Court on Monday decided not to review a Federal Circuit decision that found numerous claims in a vehicle floor tray patent behind WeatherTech automotive accessories weren't patentable.

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LexBlog IP

DECEMBER 11, 2023

This blog article helps you understand whether your local U.S. or foreign U.S. registered legal entity is legally required to report identity and beneficial ownership details to the Beneficial Ownership Secure System “BOSS” when the new CTA laws take effect from 1 January 2024. “BOSS” is the online reporting system developed by the U.S.

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Velocity of Content

DECEMBER 11, 2023

CCC has been named one of the Top Places to Work in Massachusetts in the large employer category for the third year in a row in the 15th annual employee-based survey project from The Boston Globe. “CCC is honored to have been named a Top Place to Work in Massachusetts based on the votes from our team members for the third year in a row,” said Tracey Armstrong, President and CEO, CCC.

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IP Law 360

DECEMBER 11, 2023

A Virginia federal judge on Monday cleared Cisco of claims that it infringed a small cybersecurity company's software patents after the previous judge's stock conflict sank the startup's initial $2.75 billion win in the long-running legal war.

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LexBlog IP

DECEMBER 11, 2023

In a presidential decision, the Trademark Trial and Appeal Board (“TTAB”) held that Black Card, LLC can register FOLLOW THE LEADER because the phrase operates as a source identifier and not as an unregistrable common phrase. Black Card applied to register FOLLOW THE LEADER in connection with the promotion of a number of services, including credit and debit card services, providing award incentives for credit card use, travel and tourism services, beauty salon booking services, and pe

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