Intellectual Property Law Blog

NOVEMBER 13, 2023

App developers who pay 30% commission fee to Apple via In-App Purchasing should take note of an important legal decision recently presented to the Supreme Court for possible review. The Supreme Court’s decision whether to take the case, and its ultimate decision if it does take the case, will directly affect the commission that developers must pay Apple to sell their products using the App Store.

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Plagiarism Today

NOVEMBER 13, 2023

Judge plans to trim AI lawsuit against Meta, Dutch pirates to receive more than just warnings and Rec Room sues cheating player. The post 3 Count: Rec Room Blues appeared first on Plagiarism Today.

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The Illusion of More

NOVEMBER 13, 2023

As reported by Insider last week, the Andreessen Horowitz VC firm a16z, complains that potential copyright liability for AI developers could harm the interest of their investors. “Imposing the cost of actual or potential copyright liability on the creators of AI models will either kill or significantly hamper their development,” they state, as quoted by […] The post With AI, Big Tech is No Longer Pretending to Care appeared first on The Illusion of More.

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Plagiarism Today

NOVEMBER 13, 2023

Recruiters have become increasingly worried about applicants committing plagiarism. Here's what they're doing, and what they should be doing. The post Plagiarism in Recruiting 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

Erik K Pelton

NOVEMBER 13, 2023

The following is an edited transcript of our video Why Some Trademarks Receive More Protection Than Others Not all trademarks are created equally. Some are entitled to more protection than others. A trademark can be anything that indicates the source of a business’s products or services, such as: words logos slogans colors13 sounds product shapes product packaging building shapes We’re going to be focusing on words and why some get more protection than others.

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JD Supra Law

NOVEMBER 13, 2023

We are at the beginning of what promises to be a wave (potentially a tsunami) of complaints filed against the companies behind generative AI models (e.g., OpenAI). Recent lawsuits from Paul Tremblay and Mona Awad (Tremblay and Awad v. OpenAI Inc. et al. -- Northern District of California, No. 3:23-cv-03223), Sarah Silverman (Silverman v. OpenAI, Inc. -- Northern District of California, No. 3:23-cv-03416-AMO), and the Authors Guild (Authors Guild et al v.

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TorrentFreak

NOVEMBER 13, 2023

Given the sheer scale and reach of pirate sites either operated from Vietnam, or with direct connections to Vietnam, describing the country as a global piracy problem wouldn’t be a stretch. After being briefed by Hollywood for the umpteenth time, that’s certainly the view of the United States government. Yet despite reported progress, including an overhaul of Vietnam’s copyright laws and promises to crack down on piracy, including the formation of a specialist anti-piracy unit

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JD Supra Law

NOVEMBER 13, 2023

The Learned Concierge Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.

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The IPKat

NOVEMBER 13, 2023

Not too long ago, this Kat discussed how difficult it is to protect tactile marks because they cannot be represented in a sufficiently clear and precise manner ( here ). The same is true of other types of non-traditional trade marks such as olfactory marks, as a recent decision of the German Patent Court demonstrates (case 29 W (pat) 515/21 ). Background On 3 September 2020, the applicant filed for a German trade mark for ‘sporting articles’ in class 28 with the following written representation

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JD Supra Law

NOVEMBER 13, 2023

The recent Hollywood strikes have brought to light significant challenges at the intersection of artificial intelligence, intellectual property rights, and personal agency. The use of AI in films to de-age actors or recreate past performances is becoming increasingly common, leading to concerns about control over an individual’s digital likeness. By: Brooks Kushman P.C.

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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

IP Law 360

NOVEMBER 13, 2023

Google LLC is accusing three unknown scammers of using the tech giant's trademarks to "lure unsuspecting victims" into installing onto their devices a fake version of Google's artificial intelligence chatbot Bard that is infected with malware.

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JD Supra Law

NOVEMBER 13, 2023

Boston Beer Corporation (“Boston Beer”) recently filed suit seeking monetary and injunctive relief in Massachusetts state court, alleging a former employee and his new employer, the competing alcoholic beverage company Downeast Cider House LLC (“Downeast”), were using Boston Beer’s trade secrets to unfairly compete with it and divert business opportunities to Downeast.

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The IPKat

NOVEMBER 13, 2023

A recent Board of Appeal decision T 0273/22 related to a patent in the same family as that of the landmark UK Supreme Court decision Regeneron v Kymab. The Supreme Court decision related to whole range sufficiency. The Board of Appeal decision relates to the basis requirement for disclaimers. In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim.

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JD Supra Law

NOVEMBER 13, 2023

FTC recently placed improper Orange Book patent listings squarely in its crosshairs. In its September 2023 policy statement, FTC announced that it would “scrutinize improper Orange Book listings” and “use its full legal authority” to “tak[e] actions against companies and individuals that improperly list patents in the Orange Book that do not meet the statutory listing criteria.”.

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43(B)log

NOVEMBER 13, 2023

ImprimisRX, LLC v. OSRX, Inc., 2023 WL 7390842, No. 21-cv-01305-BAS-DDL (S.D. Cal. Nov. 8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised that they’re in compliance with Section 503A of the FDCA, governing compounding.

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JD Supra Law

NOVEMBER 13, 2023

On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is that for each posts the footnoting was renumbered for just the individual post.

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The IPKat

NOVEMBER 13, 2023

During this cold November in the UK , warm up with some upcoming IP webinars. Exploring Content Moderation Challenges in the Metaverse On the 14th November , the Chair for the responsible development of the Metaverse of the University of Alicante, in cooperation with the G-IPTech Centre at the School of Law of Queen’s University Belfast, is hosting a free webinar called “Exploring Content Moderation Challenges in the Metaverse”.

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JD Supra Law

NOVEMBER 13, 2023

On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross Intelligence, a legal-research artificial intelligence (AI) startup. Thomson Reuters, which owns legal research platform WestLaw, alleges that Ross infringed its copyright by illegally copying WestLaw’s short summaries of points of law that appear in judicial opinions (i.e.

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Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. Rob Merge s, Dr. Yuan Hao (PhD), and Prof. Colleen Chien. Details: FREE, but please register: [link] 1:00 – 4:30 PACIFIC TIME. I’ll be there participating along with a great set of academics, government officials, law practice leaders, and tech developers.

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JD Supra Law

NOVEMBER 13, 2023

The United States Patent and Trademark Office (“USPTO”) offers reductions in official fees to patent applicants that qualify for “small entity” status, which can be advantageous for many companies. However, various factors can render a company ineligible for these reduced filing fees. Falsely claiming small or micro entity status may lead to severe consequences, including patent invalidation.

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IP Watchdog

NOVEMBER 13, 2023

Just a few weeks after Google waived its right to respond, the Supreme Court denied a petition challenging a U.S. Court of Appeals for the Federal Circuit (CAFC) decision that held a Texas district court erred in ruling against the search engine and tech behemoth. The U.S. District Court for the Eastern District of Texas found the inventors of a method for protecting computers from malware—Alfonso Cioffi and Allen Rozman (the patent is now assigned to Melanie, Megan and Morgan Rozman)—had proven

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Michael Geist

NOVEMBER 13, 2023

Is the Canadian government’s Internet legislation constitutional? That question arose during the hearings on Bills C-11 and C-18, but has taken on a new urgency given the Supreme Court of Canada’s recent decision involving an Alberta challenge to federal environmental assessment legislation. With limits on federal powers back in the spotlight, the vulnerability of the legislation requires further examination.

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IP Watchdog

NOVEMBER 13, 2023

This week in Washington IP news, the Senate Committee on Small Business hears from entrepreneurs who served in the U.S. military, and the House Subcommittee on Communications discusses the implications of AI technology on U.S. communications. Elsewhere, the USPTO evaluates how women can be empowered to become entrepreneurs and holds a webinar to explain proposed rule changes at the Patent Trial and Appeal Board (PTAB).

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JD Supra Law

NOVEMBER 13, 2023

In an increasingly rare exercise of discretion, the PTAB denied institution of inter partes review under Fintiv in Zhuhai Cosmx Battery Co., Ltd. v. Ningde Amperex Technology Limited, IPR2023-00587. The PTAB reasoned that the late stage of the parallel district court litigation, substantial investment by the parties in that proceeding, and the lack of countervailing considerations, favored the denial of institution.

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SpicyIP

NOVEMBER 13, 2023

After a busy week at the blog, here are our summaries of the 9 blog posts published last week along with the summaries of some interesting orders from different courts. Anything we are missing out on? Please drop a comment and let us know. Highlights of the Week India Accelerates in the Patent Race: But Is There a Pot of Gold at the End of the Rainbow?

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Trading Secrets

NOVEMBER 13, 2023

At the State Opening of Parliament last week, the UK Government outlined its legislative agenda through the King’s Speech , an annual address where the ruling monarch, wearing the Imperial State Crown, reads a speech that has been prepared by the current Government outlining the Prime Minister’s priorities for the parliamentary year. Yesterday’s King’s Speech was notable for several reasons.

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The TTABlog

NOVEMBER 13, 2023

The Board denied a petition for cancellation of a registration for the mark THE EDUCATION LAWYERS for "legal services" [LAWYERS disclaimed] finding that Petitioner Montgomery Law failed to prove either genericness or mere descriptiveness by a preponderance of the evidence. Respondent Jacobson & John obtained its registration under Section 2(f) based only upon a declaration of at least five years of continuous and substantially exclusive use prior to making the statement.

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IP Law 360

NOVEMBER 13, 2023

A jury in Waco, Texas, has ruled in a dispute between major Dutch chipmaker NXP and Seattle rival Impinj, ordering NXP to pay out a little under $2 million and rejecting its efforts to make its own patent case against the U.S. company.

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Intepat

NOVEMBER 13, 2023

Introduction Innovation has always been at the forefront of progress, driving advancements in technology, healthcare, and countless other industries. While historically, the field of patent filing has been dominated by men, an inspiring shift is taking place. Women inventors are making significant strides, leaving an indelible mark on the world of innovation and intellectual property.

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LexBlog IP

NOVEMBER 13, 2023

At the State Opening of Parliament last week, the UK Government outlined its legislative agenda through the King’s Speech , an annual address where the ruling monarch, wearing the Imperial State Crown, reads a speech that has been prepared by the current Government outlining the Prime Minister’s priorities for the parliamentary year. Yesterday’s King’s Speech was notable for several reasons.

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IP Law 360

NOVEMBER 13, 2023

For the third time this year, Womble Bond Dickinson has lured a team of intellectual property attorneys to its practice group, this time with a pair of Cozen O'Connor lawyers.

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LexBlog IP

NOVEMBER 13, 2023

Introduction Digital technologies such as the metaverse, non-fungible tokens ( NFTs ), blockchain and augmented realities are directly influencing how we cultivate and protect various forms of intellectual property, including trade marks. We have previously written about key steps for brand owners to consider for their trade mark strategy in the metaverse and since then, earlier this year, the 12 th edition of the Nice Classification came into force.

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IP Law 360

NOVEMBER 13, 2023

An insurance agency owner and her soon-to-be-ex-husband accused each other of "gamesmanship" in opposing responses in North Carolina Business Court, each arguing that they were responsible for the day-to-day operations of the agency that may later be divided up as part of the ongoing divorce.

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LexBlog IP

NOVEMBER 13, 2023

App developers who pay 30% commission fee to Apple via In-App Purchasing should take note of an important legal decision recently presented to the Supreme Court for possible review. The Supreme Court’s decision whether to take the case, and its ultimate decision if it does take the case, will directly affect the commission that developers must pay Apple to sell their products using the App Store.

Contracts 52

Contracts Law Blogging Registration 52

Velocity of Content

NOVEMBER 13, 2023

While the US Congress holds the power to legislate on copyright, the last update of the Copyright Act went into force in 1978, and the last major copyright legislation, the Digital Millennium Copyright Act , was passed in 1998. In the meantime, shaping the evolution of copyright law has been left not to elected representatives but to appointed judges.

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