Plagiarism Today
DECEMBER 5, 2024
The Internet Archive case ends with a whimper, NetEase may sue competitor over trailer and Apple stealth piracy apps lead to three arrests. The post 3 Count: A Humble Ending appeared first on Plagiarism Today.
JD Supra Law
DECEMBER 5, 2024
The U.S. Patent & Trademark Office published a final rule on November 20, 2024, that establishes a new surcharge for continuation applications filed well after their earliest benefit dates (EBDs). Beginning January 19, 2025, undiscounted entities can expect to pay, at least, a one-time $2,700 fee for continuation applications filed six or more years after their EBDs.
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Plagiarism Today
DECEMBER 5, 2024
The much-watched lawsuit against the Internet Archive has ended not with a bang, but a whimper. Here's why the IA isn't fighting on. The post The Internet Archive Lawsuit Ends with a Whimper appeared first on Plagiarism Today.
JD Supra Law
DECEMBER 5, 2024
The integration of artificial intelligence (AI) and machine learning (ML) into the life sciences field has created exciting new opportunities for advancements in diagnostics, therapeutics, and personalized medicine. However, obtaining patent protection for AI/ML-based inventions in life sciences can be difficult, particularly due to the challenges posed by US Patent & Trademark Office (USPTO) rejections under 35 U.S.C. § 101, which governs patentable subject matter.
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?
Intepat
DECEMBER 5, 2024
Introduction The metaverse, a collective virtual shared space created by the convergence of virtually enhanced physical reality and persistent virtual reality, is rapidly reshaping the digital economy. This immersive world allows users to interact with digital assets and virtual environments in unprecedented ways. As digital spaces grow in popularity, so do the stakes around intellectual property, particularly copyright.
IP Watchdog
DECEMBER 5, 2024
Judge Pauline Newman has appealed the July 2024 dismissal of her case against the U.S. Court of Appeals for the Federal Circuit (CAFC) to the U.S. Court of Appeals for the District of Columbia Circuit. In July, the district court dismissed the remaining counts in Judge Newman’s challenge to Chief Judge Kimberly Moore’s inquiry into her fitness to continue serving as a federal appellate judge.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
DECEMBER 5, 2024
Eckert Seamans, a national, full-service AmLaw 200 firm, seeks a motivated Patent Agent or Attorney with an electrical engineering background in our Pittsburgh, PA office. The firm would also consider hiring the right candidate in any of our offices or remote work-from-home options. This position will work with and support patent attorneys with patent preparation and prosecution matters.
JD Supra Law
DECEMBER 5, 2024
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of November 24-30. Here’s what’s happening.
Copyright Alliance
DECEMBER 5, 2024
In November, a lawmaker introduced an important bill addressing AI transparency issues related to the use of copyright-protected works. Internationally, OpenAI faced new lawsuits filed by foreign creators and copyright […] The post November 2024 Roundup of Copyright News appeared first on Copyright Alliance.
JD Supra Law
DECEMBER 5, 2024
When you see a T-shirt or hat with a recognizable, old logo on it, do you look to the current brand owner as its source? Universities and companies will often try to protect their goodwill in these images even after they have updated the marks they use and license others to use. In a case with implications across the licensing industry, Pennsylvania State University was victorious in a recent, closely watched trial over unauthorized use of its legacy logos and old images.
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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
DECEMBER 5, 2024
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
JD Supra Law
DECEMBER 5, 2024
The US Court of Appeals for the Eighth Circuit affirmed a district court ruling that a plaintiff was not entitled to a jury trial regarding its trade dress infringement claim and that the plaintiff failed to prove that its trade dress had acquired the required secondary meaning. National Presto Industries Inc. v. U.S. Merchants Financial Group Inc., Case No. 23-1493 (8th Cir.
Patently-O
DECEMBER 5, 2024
The Federal Circuit recently issued an important decision further developing the role of inherency in patent law's obviousness analysis. In Cytiva Bioprocess R&D AB v. JSR Corp. , the court addressed how inherent properties interact with reasonable expectation of success and claim construction, providing important guidance that builds upon its 2020 Hospira decision.
JD Supra Law
DECEMBER 5, 2024
Effective Jan. 19, 2025, the U.S. Patent and Trademark Office’s (USPTO) patent fees will see about a 7.5 percent across-the-board increase. 89 Fed. Reg. 91898 (Nov. 20, 2024). Some patent fees will see significantly steeper increases, up to 100 percent of those in the last fee adjustment in October 2020.
TorrentFreak
DECEMBER 5, 2024
Apple’s position on obviously infringing movie and TV show streaming apps is that they’re not allowed on the App Store, period. Hoping to reach a massive but restricted audience, so-called ‘stealth piracy’ apps employ trickery to circumvent Apple’s vetting process. Over the past couple of years, stealth apps have made the headlines on a number of occasions and even attracted the attention of an Expert Group at the EU Intellectual Property Office Observatory.
JD Supra Law
DECEMBER 5, 2024
According to the United States Copyright Office Circular 14: "A derivative work is a work based on or derived from one or more already existing works. Common derivative works include translations, musical arrangements, motion picture versions of literary material or plays, art reproductions, abridgments, and condensations of preexisting works.
Nelligan Law
DECEMBER 5, 2024
Reading Time: 2 minutes If both you and your spouse pass away, the decision about who will care for your children will ultimately be made by the court. However, you can significantly influence this decision in your Will , ensuring your children are cared for in the way you believe is best, whether you want your children to stay in Ontario or relocate to his or her province or country of origin.
JD Supra Law
DECEMBER 5, 2024
You can’t make applesauce out of oranges — and experts may not cook up opinions with contrary facts. In Lighting Defense, the patent damages expert opined that in a “hypothetical negotiation,” the parties would have agreed to a running per-unit royalty license. The expert based his opinion solely upon actual lump-sum licenses.
Hugh Stephens Blog
DECEMBER 5, 2024
The issue of how to handle smoking in films continues to be a real hot potato in many countries.
JD Supra Law
DECEMBER 5, 2024
This post has been updated since its original publication date. On November 15, 2024, the US Senate Judiciary Subcommittee on Intellectual Property advanced the Inventor Diversity for Economic Advancement (IDEA) Act, one of three significant bills it considered this year to reform the patent system. On November 21, 2024, that same subcommittee advanced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act.
Cogency Global
DECEMBER 5, 2024
What this is: On October 8, 2024, the Federal Aviation Administration (FAA) issued a final rule that would require individuals with a foreign address and no US physical address on file to designate a US agent for service of process. This applies to those who hold or are applying for FAA certificates, ratings or authorizations under specific sections of the 14 CFR regulations.
JD Supra Law
DECEMBER 5, 2024
The US Court of Appeals for the Federal Circuit denied a patent owner’s motion to voluntarily dismiss the appeal following the Federal Circuit’s decision to vacate and remand the case to the Patent Trial & Appeal Board but before the mandate issued. Cisco Sys., Inc. v. K.Mizra LLC, Case No. 22-2290 (Fed. Cir. Nov. 19, 2024) (Dyk, Reyna, Stoll, JJ.).
Likelihood of Confusion
DECEMBER 5, 2024
Originally posted 2010-04-23 00:50:23. Republished by Blog Post PromoterBy now you must have heard about the dustup involving Yiddish with Dick and Jane. The irony for me is that not long after I was learning to read English with the original Dick and Jane at P.S. 225, I was learning Yiddish from an essentially identical […] The post See Dick Win.
JD Supra Law
DECEMBER 5, 2024
The Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act, hereinafter referred to as the Hague Agreement) came into force in China on 5 May 2022. This offers a new way to obtain design patent protection in China.
The TTABlog
DECEMBER 5, 2024
Applicant Kavita Vachaknavee may have won the battle but lost the war. The Board dismissed this opposition to registration of the mark VSS GLOBAL for "Education services, namely, providing live and on-line classes, seminars and workshops in the field of Vedic philosophy and culture" [GLOBAL disclaimed] because Opposer, who claimed common law rights in the same mark for the same services, failed to prove that VSS GLOBAL is distinctive for its services.
JD Supra Law
DECEMBER 5, 2024
On May 10, 2024, the U.S. Patent and Trademark Office published a Notice of Proposed Rulemaking (NPRM) regarding terminal disclaimer practice. The proposed rule would have required any terminal disclaimer filed to obviate nonstatutory (obviousness-type) double patenting to include provisions tying the validity and enforceability of the claims of that patent to the validity and unenforceability of each of the claims in the other patent.
The IPKat
DECEMBER 5, 2024
Getting harder to turn your back on the UPC? The UPCKat is back with an analysis of last month's critical opt-out decision i n AIM v Supponor. With our guest UPCKat team in the form of guest UPCKat John Snape , and members from the team at Carpmaels , this post will examine the controversial decision. Over to John : "In joined orders ORD_598488/2023 and ORD_598489/2023 , the UPC Court of Appeal (CoA) has held that national litigation commenced prior to the transitional period did not block withd
JD Supra Law
DECEMBER 5, 2024
After a lengthy public comment and review process, the US Patent & Trademark Office (PTO) announced trademark fee increases effective January 18, 2025. The goal of PTO fee setting is to provide sufficient financial resources to facilitate the effective administration of the US intellectual property system. The PTO aspires to recover aggregate costs to: - Finance the PTO’s mission, strategic goals, and priorities. - Enable financial sustainability.
Intepat
DECEMBER 5, 2024
Introduction Intellectual property (IP) licensing and royalties are mechanisms that reward creators and innovators for the use of their works. Licensing refers to the legal permission granted by the IP holder (like a musician, artist, or inventor) to another party, allowing them to use, distribute, or produce the IP holder’s work under specific terms.
JD Supra Law
DECEMBER 5, 2024
Structured Asset Sales, LLC v. Sheeran, No. 18-cv-5839 (2d Cir. Nov. 1, 2024) - On November 1, 2024, the Second Circuit affirmed the district court’s entry of summary judgment that Ed Sheeran’s Thinking Out Loud (“TOL”) composition did not infringe Marvin Gaye’s Let’s Get It On (“LGO”) deposit copy, holding that under the Copyright Act of 1909, copyright protection of a musical work is limited to the four corners of the deposit copy filed with the Copyright Office at the time of registration.
IP Watchdog
DECEMBER 5, 2024
On Wednesday, December 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in Cytiva Bioprocess R&D AB v. JSR Corp. affirming the Patent Trial and Appeal Board (PTAB) invalidation of Cytiva’s patent claims to chromatography compositions for isolating target compounds. The Federal Circuit also reversed the PTAB findings that Cytiva’s process patent claims were not unpatentable, holding that a reasonable likelihood of success need not be shown when the ch
JD Supra Law
DECEMBER 5, 2024
A working paper published on Nov. 6, 2024, by Massachusetts Institute of Technology PhD candidate Aidan Toner-Rogers suggests that the patent system may soon see a marked increase in patent application filings due to increased productivity from artificial intelligence (AI). However, the impact on patent issuance is not as clear.
Michael Geist
DECEMBER 5, 2024
Justice Minister Arif Virani yesterday finally bowed to public pressure by agreeing to split Bill C-63 , the Online Harms bill. The move brings to an end the ill-conceived attempt to wedge together Internet platform responsibility with Criminal Code provisions and the potential weaponization of the Canada Human Rights Act that had rightly sparked concerns from a wide range of groups.
JD Supra Law
DECEMBER 5, 2024
Director Vidal has issued two Director Review decisions related to the evaluation of expert testimony in Patent Trial and Appeal Board (PTAB) proceedings.
Nelligan Law
DECEMBER 5, 2024
Reading Time: 2 minutes If both you and your spouse pass away, the decision about who will care for your children will ultimately be made by the court. However, you can significantly influence this decision in your Will , ensuring your children are cared for in the way you believe is best, whether you want your children to stay in Ontario or relocate to his or her province or country of origin.
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