Plagiarism Today
APRIL 8, 2024
The Copyright Claims Board has handed down a new final determination, this one dealing with music and the first sale doctrine. The post Copyright Claims Board Finds in Favor of Right of First Sale appeared first on Plagiarism Today.
Erik K Pelton
APRIL 8, 2024
The following is an edited transcript of my video What Are the Steps in the USPTO Trademark Application Process? The trademark application process is very complex. Even a straightforward application generally takes over a year and has many steps—from getting signed, submitted, filed, and assigned a serial number to getting reviewed, approved, published, and registered.
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Plagiarism Today
APRIL 8, 2024
Universal Music Group sued over Mary J Blige song, Michigan hospital hits back in copyright case, and USTR calls out pirating nations. The post 3 Count: Sample Battle appeared first on Plagiarism Today.
TorrentFreak
APRIL 8, 2024
Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. The biggest hit came three years ago when the Internet provider lost its legal battle against a group of major record labels. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages.
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 Watchdog
APRIL 8, 2024
U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) on Friday that had denied institution of an inter partes review (IPR) requested by auto parts manufacturer, Mahle Behr Charleston, Inc. U.S. Patent No. RE47,494 E is owned by inventor Frank Amidio Catalano and covers “a device to prevent corrosion [in motor vehicle radiators] caused by electrolysis.
IP Law 360
APRIL 8, 2024
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
APRIL 8, 2024
An Illinois federal judge told Hytera Communications on Monday it still had not done enough to be free of serious sanctions for continuing a Chinese intellectual property suit against her orders, saying recent instant messages between Hytera and the Chinese court were not proof the case was officially over.
JD Supra Law
APRIL 8, 2024
A preliminary injunction is one of the most potent weapons in a patent plaintiff's arsenal, being capable of shutting down an accused infringer's continued infringement, prohibiting the infringing product from the stream of commerce, and forcing (or at least strongly motivating) a defendant to settlement. Being so powerful, such injunctions are not easily obtained and are cabined by several requirements, the most potent being the need to show a likelihood of success on the merits at trial.
Patently-O
APRIL 8, 2024
By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. v. General Electric Co. , 283 U.S. 664 (1931), amended, 284 U.S. 571 (1931). The case involved a patent infringement suit over an improved vacuum tube used in radio communications. While the case predated the codification of the nonobviousness requirement in 35 U.S.C. § 103 as part of the Patent Act of 1952, it nonetheless applied a similar requirement for
JD Supra Law
APRIL 8, 2024
During ACI’s Annual Summit for Women Leaders in IP Law, women in Intellectual Property roles come together to explore industry trends and important factors impacting today’s women IP leaders and practitioners. Learn to advance and thrive in the intellectual property field, benefit professionally and personally from the advice and storytelling of other women in the industry, and meet with industry counterparts and expand your network with a focus on camaraderie.
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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 Law 360
APRIL 8, 2024
Due to the patchwork of state cannabis laws in the U.S., investors and businesses acquiring intellectual property must assess whether a trademark portfolio possesses any vulnerabilities, such as marks that are considered attractive to children or third-party claims of trademark infringement, say Mary Shapiro and Nicole Katsin at Evoke Law.
JD Supra Law
APRIL 8, 2024
With the recent filing of an amicus brief in a private pharmaceutical patent infringement case, the Federal Trade Commission (FTC) has continued its focus on allegedly “improperly listed” patents in the Food and Drug Administration (FDA)’s Orange Book. The amicus brief follows other recent FTC actions related to Orange Book listings, including warning letters issued to drug manufacturers and the publication of a policy statement outlining the agency’s intent to “scrutinize improper Orange Book.
IP Law 360
APRIL 8, 2024
A California federal judge has thrown out a copyright suit against Paramount Pictures Corp. filed by the family of a writer behind the source material of the film "Top Gun," finding that the entertainment giant did not infringe on copyrighted material in the sequel, "Top Gun: Maverick.
JD Supra Law
APRIL 8, 2024
In response to the rapidly evolving landscape of innovation and the integration of artificial intelligence (AI) into creative processes, the United States Patent and Trademark Office (USPTO) issued guidance effective February 13, 2024. This guidance aims to address the complexities associated with inventorship in AI-assisted inventions, including those covered by design and plant patents.
IP Watchdog
APRIL 8, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday affirmed an International Trade Commission (ITC) final determination that said Google infringed five of Sonos, Inc.’s patents but which also found three proposed redesigns did not infringe. Sonos owns U.S. Patent Nos. 10,439,896 (“’896 patent”), 9,195,258 (“’258 patent”), 9,219,959 (“’959 patent”), 10,209,953 (“’953 patent”), and 8,588,949 (“’949 patent”).
JD Supra Law
APRIL 8, 2024
With third-party technology playing an increasingly critical role in business operations, it's essential to safeguard your company's critical software applications from potential disruptions.
IP Law 360
APRIL 8, 2024
The Federal Circuit on Monday upheld a decision by the Patent Trial and Appeal Board that found claims of a VLSI computer memory patent invalid in a challenge by Intel.
JD Supra Law
APRIL 8, 2024
Director Vidal recently vacated the Patent Trial and Appeal Board’s (PTAB) decision to deny institution of three petitions for inter partes review (IPR), citing insufficient explanation for denial under 35 U.S.C. §325(d). Specifically, Director Vidal held that the PTAB’s institution decision did not adequately address Petitioner’s contention that there were material differences between the arguments made in its Petition and those considered during examination of the disputed patents.
The TTABlog
APRIL 8, 2024
Speaking of proving nonuse/abandonment, here's an instructive opinion right on point. The Board granted a petition for cancellation of a registration for the mark TEEN EARTH for "entertainment in the nature of beauty pageants" on the ground of abandonment. Petitioner Carousel, owner of the registered mark MISS EARTH for identical services, carried its burden to prove nonuse of the TEEN EARTH mark for a period of more than three years with an intent not to resume use.
JD Supra Law
APRIL 8, 2024
A claimant's recovery of attorneys' fees in a trade secret action ordinarily reflects an overwhelming success at trial. The claimant would have necessarily proved (at least under federal law) that its trade secret had been willfully or maliciously misappropriated. Moreover, trade secret laws generally permit the claimant to recover its actual loss, unjust enrichment damages, or a reasonable royalty for the misappropriation.
IP Law 360
APRIL 8, 2024
Neither Google nor its legal foe at speaker brand Sonos was able to persuade the Federal Circuit on Monday to change a mixed holding from the U.S. International Trade Commission that allowed some redesigned Google Home products to stay on the market.
Velocity of Content
APRIL 8, 2024
A top seller for Penguin Random House Grupo Editorial , the Miami-based Spanish-language division of the US Big Five publisher, is a book for the entire family filled with gripping tales of good battling evil. La Biblia , the Bible in Spanish, is perennially popular and available in dozens of editions from PRHGE. Publishers Weekly international editor Ed Nawotka tells me that sales of Spanish-language religion titles have especially climbed towards the heavens in recent years.
IP Law 360
APRIL 8, 2024
Nvidia has been hit with a trademark infringement action in Texas federal court by competitor Modulus Financial Engineering accusing Nvidia of illegally using an identical "Modulus" mark in connection with Nvidia's open-source framework and artificial intelligence software, without Modulus Financial's permission.
IIPRD
APRIL 8, 2024
This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.
IP Law 360
APRIL 8, 2024
An investor in a failed venture to develop a "revolutionary" chemical-manufacturing technology has said he will ask the U.S. Supreme Court to decide whether a $5.7 million arbitral award issued to the venture's founders was properly enforced by the Ninth Circuit.
Patently-O
APRIL 8, 2024
by Dennis Crouch Although non-precedential, the Federal Circuit’s new decision in Sumitomo Pharma v. Vidal offers the important conclusion that a patentee has no standing to appeal an invalidity holding once the patent expires, absent some showing of likely infringement during the prior six years. Sumitomo Pharma Co. v. Vidal , No. 22-2276 (Fed.
IP Law 360
APRIL 8, 2024
U.S. Circuit Judge Todd Hughes on Monday told the attorney for the owner of a patent enforcement company that his attempt to beat a contempt order for his client involved reading a key rule out of context.
Kluwer Copyright Blog
APRIL 8, 2024
Image by Gerd Altmann from Pixabay The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. In the wake of the landmark cases of Authors Guild, Inc v HathiTrust and Authors Guild, Inc v Google, Inc – or the Google Books case –, the fair use doctrine has accommodated a core principle of non-expressive use, referring to any act of reproduction that is not intended to enable human enjoyment, appreciation, or comprehension of the copied expression (see he
IP Law 360
APRIL 8, 2024
The Patent Trial and Appeal Board has to take another look at its decision not to review a fight against a patent covering a way to stop decay on radiators in vehicles, the head of the U.S. Patent and Trademark Office has ruled.
The IPKat
APRIL 8, 2024
If you've been too busy watching for signs that spring has truly sprung , here's the summary of the IP news you missed last week: Trade Marks Image from RebaSpike via Pixabay. Marcel Pemsel discussed the recent General Court judgment in Lidl Stiftung v EUIPO - MHCS (Nuance de la couleur orange) (T-652/22) concerning the orange colour trade mark for the Veuve Clicquot champagne.
IP Law 360
APRIL 8, 2024
An more than $600 million judgment against NortonLifeLock for infringing Columbia University patents, based partly on a contempt finding against its former law firm, Quinn Emanuel Urquhart & Sullivan LLP, is "indefensible" and cannot stand, the company and the firm have told the Federal Circuit.
Michael Geist
APRIL 8, 2024
The public debate surrounding Bill C-63, the Online Harms Act , has focused primarily on Human Rights Act and Criminal Code reforms. The Human Rights Act changes include the return of Section 13 on hate speech, which was repealed by the Harper government after criticisms that it unduly chilled freedom of expression. To help understand the history of Section 13 and its latest iteration, this week Professor Richard Moon , Distinguished University Professor and Professor of Law at the University of
IP Law 360
APRIL 8, 2024
Lawyers for a Texas patent litigation outfit have convinced jurors in Marshall, Texas, that Nokia infringed one of three telecom patents that were issued nearly two decades ago to a now-bankrupt Israeli tech company, but were stuck with a verdict that found claims in that patent as well as another are invalid.
U.S. Department of Commerce
APRIL 8, 2024
By the Numbers: Continuing to Outpace Expectations, U.S. Economy Gains Over 300,000 Jobs in March April 8, 2024 KCPullen@doc.gov Mon, 04/08/2024 - 17:04 Economic indicators GDP and Personal Income Rise in All 50 States and the District of Columbia Job creation in March exceeded expectations, with 303,000 jobs added to the U.S. economy, according to the latest report from the Labor Department’s Bureau of Labor Statistics (BLS).
IP Law 360
APRIL 8, 2024
Starbucks has agreed to drop a trademark lawsuit claiming a pair of websites ripped off its "twin-tailed siren" logo and other brand material to sell fake franchise deals, saying in a recent Washington federal court filing that the allegedly unauthorized activity has stopped.
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