Plagiarism Today
FEBRUARY 8, 2024
Graffiti artists sue Guess and Macy's, UK MP says government needs to reconsider their approach to AI and bar sparks Bluey backlash. The post 3 Count: Graffiti Shirts appeared first on Plagiarism Today.
TorrentFreak
FEBRUARY 8, 2024
Every day, millions of people from all over the world submit posts, comments, and other content to Reddit. In many cases, discussion comments are read and soon forgotten but several old threads were brought back to life recently as part of piracy liability lawsuits. The comments in question were picked up by Kerry Culpepper, a copyright attorney who leads several piracy lawsuits against Internet providers on behalf of independent film companies.
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Plagiarism Today
FEBRUARY 8, 2024
The Copyright Claims Board is on track to decide a case that deals with fair use, the controversial comedian Andrew Dice Clay. The post Fair Use, Andrew Dice Clay and the CCB appeared first on Plagiarism Today.
Kluwer Copyright Blog
FEBRUARY 8, 2024
Image by Rudy and Peter Skitterians from Pixabay In recent years, a so called ‘Secondary Publication Right’ (SPR) has been adopted in a number of European countries and become a policy hot topic at the EU level. The term encompasses a variety of special regimes empowering (or obliging) authors to retain some of the usage rights over their publicly funded works vis-à-vis scientific publishers in order to facilitate open access to scientific literature.
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?
JD Supra Law
FEBRUARY 8, 2024
Does recording an object’s physical properties to a blockchain render the resulting network (or method of using the same) patent-eligible? In Rady v. Boston Consulting Group, the Federal Circuit will hear oral arguments on how to apply hotly debated patent eligibility standards[1] (i.e., the two-step Alice test) to a blockchain-related invention.
Olartemoure Blog
FEBRUARY 8, 2024
As we step into the vibrant celebration of the Chinese New Year, marked by the energy of the mighty Dragon, join us in exploring a bit if the festive season and the dynamic landscape of China’s intellectual achievemnts. Meaning of the year of the dragon: The Year of the Dragon in the Chinese calendar is considered special and auspicious as it symbolizes vitality, strength and good fortune in Chinese culture.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
FEBRUARY 8, 2024
On February 6, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v. Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use. The Fourth Circuit further found that professional photographer Larry Philpot was entitled to summary judgment on the validity of his copyright registration, vacating the Eastern District of Virginia’s determination that a genuine dispute of material fact exis
Cogency Global
FEBRUARY 8, 2024
What this is : In our previous post we discussed best practices when preparing and filing UCC terminations and how to ensure effectiveness. In this post we focus specifically on how to interpret a termination found when conducting a UCC search and how to ensure your loan portfolio is intact. What this means : When searching UCCs should terminations be considered?
Likelihood of Confusion
FEBRUARY 8, 2024
Yesterday I tweeted a link from IP Watchdog to a post called “The Story of How Patents Promote Innovation.” Now, Gene Quinn loves patents, but he’s never been in denial about just how stupid the PTO can be in its patent decisions. It’s a good thing, too, in light of how he would otherwise have […] The post Amazon: We’re white behind you!
IP Law 360
FEBRUARY 8, 2024
A Houston-based intellectual property firm filed the most patent suits over the last three years in the U.S., while a well-established boutique again took the top spot as the firm defending the most patent litigation during the same period, according to a new Lex Machina report.
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.
SpicyIP
FEBRUARY 8, 2024
Image from here [ This post is co-authored by SpicyIP Intern Pranav Aggarwal and Swaraj Paul Barooah. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous posts can be accessed here. ] On 7 th November 2023, the Federal Trade Commission (“ FTC ”) issued a press release announcing its challenge to more than 100 patents listed in the ‘Orange Book’.
JD Supra Law
FEBRUARY 8, 2024
When it comes to AI, there is little agreement. Some see great potential, while others see great nightmares. Some see opportunities, and many see nothing but risks. In the EU, though, there is agreement on one thing, a new EU AI Law. In December 2023 the EU Parliament and Council agreed to a bill “…to ensure AI in Europe is safe, respects fundamental rights and democracy, while businesses can thrive and expand.
SpicyIP
FEBRUARY 8, 2024
Recently, the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024 inviting comments on the proposed rules by February 09. However, much like the proposed Patent (2nd Amendment) Rules, 2024, the proposed Trade Mark Rules are marred with ambiguities. Assessing the proposed rules from the lens of the SARAL framework , we are pleased to bring to you this guest post by Pragya Singh and Lakshita Handa.
JD Supra Law
FEBRUARY 8, 2024
Not surprisingly, 2023 was another notable year for design rights around the globe. However, nowhere more than the U.S. did we see court decisions that will, in the case of one, and could in the case of another, have significant impact on design patent jurisprudence. In particular, the U.S. Court of Appeals for the Federal Circuit (CAFC) decided two cases of note.
The IPKat
FEBRUARY 8, 2024
IPKat copyright event on 14 March: you can attend in person. In late 2023, the Court of Appeal of England and Wales issued its judgment in THJ v Sheridan [2023] EWCA Civ 1354. Ruling on whether copyright would subsist in certain graphic user interfaces (GUIs), Lord Justice Arnold pointed out that section 1(1)(a) of the UK Copyright, Designs, and Patents Act must be interpreted in accordance with Article 2(a) of the EU InfoSoc Directive.
JD Supra Law
FEBRUARY 8, 2024
The evolution of artificial intelligence (AI) technologies has triggered a surge in the filings of patent applications, from machine learning models to applications of those models. See USPTO, Artificial Intelligence (AI) trends in U.S. patents (June 29, 2022) at 7. But because AI technologies rely on machine learning algorithms and computing power, AI inventions face challenges in light of the legal standards under Section 101 of the Patent Act.
IP Law 360
FEBRUARY 8, 2024
An intellectual property heavyweight landed more work at the Patent Trial and Appeal Board than any other firm in the U.S. between 2021 and 2023, according to a new report.
JD Supra Law
FEBRUARY 8, 2024
Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser” with sufficient financial interest to act as importer of record (IOR).
Kluwer Copyright Blog
FEBRUARY 8, 2024
Photo by Alexander Andrews on Unsplash Europeans are the biggest producers of electronic equipment waste (‘e-waste’); according to recent numbers , in 2018 approximately 4 million tons of e-waste were discarded in the European Union. This amounts to more than 16 kg of e-waste per capita per year. Common sources of e-waste include televisions, computers, mobile phones and various types of home appliances, from fridges to dishwashers.
JD Supra Law
FEBRUARY 8, 2024
Love is in the air. With Valentine’s Day just around the corner, we’re writing to share some heartfelt news about a recent change in California law that might just make your heart skip a beat.
IP Law 360
FEBRUARY 8, 2024
Patent owner Longhorn IP has urged the Federal Circuit to overturn an $8 million bond imposed by an Idaho federal court under the state's law, claiming that the bond order was unconstitutional and an attempt to intimidate the company and deter it from bringing a semiconductor patent suit against Idaho-based Micron Technology.
JD Supra Law
FEBRUARY 8, 2024
Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated with filing tenuous and unjustified takedown complaints that result in harm to competitors.
IP Law 360
FEBRUARY 8, 2024
Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.
JD Supra Law
FEBRUARY 8, 2024
Data serves as the foundational element for artificial intelligence (AI) models, enabling algorithms to discern patterns, forecast outcomes, and provide insights. The advent of generative AI, which relies extensively on vast and varied data sets to create new content, underscores the importance of data in this context. While AI initiatives such as generative AI present novel opportunities, they also introduce complex legal challenges related to data privacy, intellectual property rights, ethical
IP Watchdog
FEBRUARY 8, 2024
The U.S. Senate Committee on Health, Education Labor & Pensions held a hearing today on why the United States pays “by Far, the Highest Prices in the World for Prescription Drugs.” Patents came up throughout the hearing as one barrier to lowering prescription drug prices, while pharmaceutical industry representatives underscored the cost of bringing innovative and life-saving drugs to market and the superior access Americans have to such drugs compared with other countries.
JD Supra Law
FEBRUARY 8, 2024
At the end of January, attorneys general Jonathan Skrmetti of Tennessee and Jason Miyares of Virginia filed a complaint in the U.S. District Court for the Eastern District of Tennessee alleging that the NCAA’s newest name, image, and likeness (NIL) policies places “anticompetitive restrictions” on the NIL rights of current and prospective athletes.
43(B)log
FEBRUARY 8, 2024
Della v. Colgate-Palmolive Co., 2024 WL 457798, No. 23-cv-04086-JCS (N.D. Cal. Feb. 6, 2024) Della’s consumer protection claims turn on allegedly false labeling of toothpaste products as “recyclable” when, as alleged, recycling facilities that actually accept the used tubes are basically unavailable. Indeed, allegedly “there is not a single program that accepts toothpaste tubes of any kind” in California or in the United States” “because of the processing concerns that they pose.
JD Supra Law
FEBRUARY 8, 2024
Case Name: Eisai R&D Mgmt. Co., Ltd. v. Dr Reddy’s Labs., Inc., No. 22-CV-5950, 2023 WL 7331272 (D.N.J. Nov. 7, 2023) (Chesler, J.) - Drug Product and Patent(s)-in-Suit: Halaven® (eribulin mesylate); U.S. Patents Nos. 6,214,865 (“the ’865 patent”) and RE46,965 (“the ’965 patent”).
43(B)log
FEBRUARY 8, 2024
Carovillano v. Sirius XM Radio Inc., 2024 WL 450040, No. 23 Civ. 4723 (PAE) (S.D.N.Y. Feb. 6, 2024) Among other things, this opinion features very effective use of images from this case and others! Plaintiffs alleged that Sirius XM promises its telephonic subscribers a particular monthly price, only to charge them an undisclosed 21.4% fee (the “U.S.
JD Supra Law
FEBRUARY 8, 2024
The author recently handled a civil lawsuit in which the plaintiff was a foreign company and the defendant was a Chinese company, and the contract stipulated that the dispute arising thereof should be resolved through judicial procedures in the country where one of the parties to the contract was located, but there was no agreement on the applicable law, so it was necessary to clarify the applicable law in the course of the trial of the case.
Patently-O
FEBRUARY 8, 2024
by Dennis Crouch It is interesting that we continue to have cases fighting over what counts as a “printed publication” under 35 U.S.C. § 102. In Weber, Inc. v. Provisur Technologies, Inc. , Nos. 2022-1751, 2022-1813 (Fed. Cir. Feb. 8, 2024) , the PTAB sided with the patentee, but on appeal the Federal Circuit reversed — finding that Weber’s food slicer operating manuals was a printed publication.
JD Supra Law
FEBRUARY 8, 2024
One recent victim of scams preying on U.S. trademark filers and registrants answered a call that appeared to be from the United States Patent and Trademark Office (USPTO). It wasn’t. The target of the scam was forced to change banks and monitor his credit card accounts for fraudulent transactions in the wake of that call. Countless others have been defrauded as the result of e-mails, phone calls, fake invoices, correspondence and, in some cases, texts asking them to pay fees for.
IP Watchdog
FEBRUARY 8, 2024
It was a busy week at the Patent Trial and Appeal Board (PTAB) with 40 new filings—all inter partes review (IPR)—and an average week in the district courts with 51 new filings. The bulk of new PTAB filings can be attributed to a few petitioners challenging multiple patents held by one patent owner (and all asserted in parallel district court litigations).
JD Supra Law
FEBRUARY 8, 2024
The US Court of Appeals for the First Circuit affirmed the exclusion of a drug patent in a medical malpractice case, finding that the highly technical language of the patent would more likely confuse a lay jury than be probative of the issues in the case. Ward v. Schaefer, Case No. 22-1547 (1st Cir. Jan. 29, 2024) (per curiam).
IP Tech Blog
FEBRUARY 8, 2024
While the enforcement of non-compete clauses (“noncompetes”) varies in jurisdictions across the country, California has a longstanding history of disfavoring them and championing a pro-employee-mobility work environment. Two laws were recently passed – Assembly Bill 1076 and Senate Bill 699 – expanding the scope of California’s prohibition on noncompetes and exposing companies to a heightened risk of liability.
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