Plagiarism Today
AUGUST 19, 2024
Recently, a popular Facebook group for What We Do in the Shadows was changed into a couponing group. This is a warning to everyone. The post Memes, Facebook and a Different Kind of Content Theft appeared first on Plagiarism Today.
Copyright Lately
AUGUST 19, 2024
The AI copyright and fair use trial in Thomson Reuters v. Ross Intelligence may not be glamorous, but it will be groundbreaking. On Friday, August 23, jurors are scheduled to hear opening statements in the first trial to test whether using copyrighted data to train an AI program qualifies as fair use. The trial won’t take place in Silicon Valley, and Sarah Silverman and John Grisham won’t be taking the stand.
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TorrentFreak
AUGUST 19, 2024
In recent years, rightsholders of major sports events have repeatedly complained that piracy of live sports is getting out of hand. Ideally, they would like to see updates to current legislative frameworks, so the problem can be targeted more efficiently. Site-blocking is high on the list of preferred options, particularly in the United States. While ISP blocking is still a debated issue among U.S. lawmakers, the country’s enforcement authorities have a more direct option; domain name seiz
JD Supra Law
AUGUST 19, 2024
30 million is a BIG number! That is the estimated number of employment contracts that could be impacted by the Federal Trade Commission’s new rule banning non-competes, if it goes into effect on September 4, 2024, as scheduled. On April 23, 2024, the Federal Trade Commission (FTC) dropped a rule, at 16 CFR Part 910 that promises to upend the world of employment contracts and intellectual property (IP) rights.
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 & Marketing Law Blog
AUGUST 19, 2024
You probably recall this case. A California artist, Morford, created a work called “Banana and Orange” where he duct-taped the fruits to the wall. An Italian artist, Cattelan, created a work, “Comedian,” involving just a banana duct-taped to the wall. Cattelan sold Comedian for $100k+ (seriously?) and Morford sued him for copyright infringement.
IP Law 360
AUGUST 19, 2024
A New York federal judge said Monday that the fair use exception to copyright law is fatal to former U.S. Rep. George Santos' suit against ABC and Jimmy Kimmel over video clips that the late-night TV show host tricked the ex-congressman into making.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Barry Sookman
AUGUST 19, 2024
Introduction and Background There is great interest in the question as to whether training and using AI models including generative AI models infringes copyright. Slowly, courts are winnowing out the plausible claims as the 26 or so cases wind through the courts in the United States. In an important decision, Judge William Orrick of the United States District Court for the Northern District of California partially granted and partially denied motions to dismiss in the case of Andersen et al.
JD Supra Law
AUGUST 19, 2024
On August 13, 2024, a three-judge panel of the Court of Appeals for the Federal Circuit issued a decision, authored by Judge Lourie, in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061, which limits the application of obviousness-type double patenting. The Federal Circuit held that a first-filed, first-issued, later-expiring patent claim cannot be invalidated for obviousness-type double patenting by a later-filed, later-issued, earlier-expiring reference patent claim having a.
SpicyIP
AUGUST 19, 2024
Image by Rochak Shukla on Freepik Reportedly , the Information and Broadcasting Ministry has decided to withdraw the contentious Broadcasting Services (Regulation) Bill. Though it has been reported that the Bill is being withdrawn because the government feels that existing laws are sufficient to address any issues that may arise, the Bill was extensively criticised for muffling free speech in the country and imposing excessive checks on online content creators and social media influencers.
JD Supra Law
AUGUST 19, 2024
Our Texas Patent Litigation Monthly Wrap-Up for July 2024 covers three decisions of interest from the Eastern District of Texas granting motions related to subject matter eligibility, stays pending inter partes review (IPR), and pleading standards for pre-suit willfulness.
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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
AUGUST 19, 2024
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
JD Supra Law
AUGUST 19, 2024
As we continue to see AI steadily and increasingly be incorporated into service offerings, businesses should pay special attention to previously “standard” provisions when contracting for the provision and use of services that incorporate AI. This is especially true considering there may be situations where service providers use AI at some point in the workstream without the recipient even realizing.
IP Law 360
AUGUST 19, 2024
Biogen illegally impaired competition for its multiple sclerosis drug Tecfidera by paying major pharmacy benefit managers to prioritize the brand over generics while it worked to shift the market to a different version of the medication, a multi-employer welfare plan alleged Friday.
JD Supra Law
AUGUST 19, 2024
CELANESE INTERNATIONAL CORPORATION v. ITC - Before Reyna, Mayer, and Cunningham. Appeal from the International Trade Commission. Summary: Process patent claims are invalid under the on-sale bar (35 U.S.C. § 102(a)(1)) when products of a secret process are sold before the critical date.
Copyright Alliance
AUGUST 19, 2024
To mark World Photography Day in August, the Copyright Alliance hosted a webinar titled Photographers’ Rights: Navigating Copyright Realities. Panelists included Alicia Calzada, Deputy General Counsel for the National Press […] The post Photographers’ Rights: Navigating Copyright Realities (Webinar Recap) appeared first on Copyright Alliance.
JD Supra Law
AUGUST 19, 2024
What is the range of a federal district court’s power to compel a nonparty’s attendance at a hearing? Every practicing litigator knows the answer—“within 100 miles of where the person resides, is employed, or regularly transacts business in person.” FRCP 45(c)(1). But that is only half the answer. As the Federal Circuit recently held, when a lawyer issues a subpoena, the geographical limits of Rule 45 apply.
IP Watchdog
AUGUST 19, 2024
What makes the ITC such an important venue for intellectual property rights owners is the ability to rather quickly obtain injunctive relief in the form of an exclusion order. This is an important tool for patent owners because since the Supreme Court issued its landmark decision in eBay v. MercExchange in 2006, it is has been increasingly difficult, in fact absolutely impossible for many patent owners to obtain any form of injunctive relieve against infringers even after the infringer has been
JD Supra Law
AUGUST 19, 2024
Harvard University has sued Samsung, alleging that the latter’s chip technology infringes two patents owned by the university. The case is President and Fellows of Harvard College v. Samsung Electronics Co, U.S. District Court for the Eastern District of Texas, No. 2:24-cv-00636.
Velocity of Content
AUGUST 19, 2024
Picture this: It is the early 1990s, and I am a young lawyer working for the Federal Government. We are on the cusp of a digital revolution, grappling with the “Information Superhighway” – what we now know as the Internet. Our burning question was how copyright law would adapt to this new digital frontier. Fast forward three decades, and here we are again.
JD Supra Law
AUGUST 19, 2024
United States Patent and Trademark Office Director Kathi Vidal's recent sanctions decisions have been notable for their seriousness and impact. In each case, Vidal invoked the Director Review process, a measure implemented during her tenure.
IP Watchdog
AUGUST 19, 2024
On July 26, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Softview LLC v. Apple Inc., Nos. 2023-1005, -1007. In that decision, the court construed an estoppel provision in a U.S. Patent and Trademark Office (USPTO) regulation promulgated under the America Invents Act (AIA). That regulation provides that a patentee is precluded from “taking action inconsistent with [an] adverse judgment, including obtaining in any patent…. a claim which is not patentably
JD Supra Law
AUGUST 19, 2024
In a highly anticipated decision in Allergan v. MSN Labs., the Federal Circuit held yesterday that claims in a first-filed, first-issued, later-expiring patent cannot be invalidated for double patenting by claims in a later-filed, later-issued, earlier-expiring patent having a common priority date. Or, as stated more simply by the court, the first patent that issues on an invention “sets the maximum period of exclusivity of the claimed subject matter.”.
Patently-O
AUGUST 19, 2024
by Dennis Crouch This is my third post focusing on Google’s en banc challenge to ‘loose’ damages testimony. The patentee, EcoFactor, has now filed a responsive brief in the ongoing smart thermostat patent dispute which resulted in a $20 million jury verdict against Google. A 2-1 Federal Circuit panel affirmed the verdict and, as you might expect, EcoFactor’s en banc response defends the decision, arguing that the case presents a straightforward application of established
JD Supra Law
AUGUST 19, 2024
Nike recently filed suit in Federal Court in the Southern District of New York claiming trademark infringement and unfair competition by its former licensee, S2, Inc., owned by a popular shoe customizer named Dominic Ciambrone who is known as the “Shoe Surgeon”. Ciambrone is famous for creating unique, high-end, and often luxury custom sneakers.
Velocity of Content
AUGUST 19, 2024
Navigating copyright compliance in the realm of medical communications can be a complex endeavor. With the ever-expanding landscape of content creation and dissemination, professionals in this field must have a solid understanding of copyright implications. Let’s delve into the key takeaways from a recent Copyright Basics for Medical Communications session from CCC.
IP Law 360
AUGUST 19, 2024
A technology industry group on Monday urged the full Federal Circuit to take a look at a precedential panel decision preventing Dish Network LLC from collecting fees directly from a patent litigation company's lawyer, arguing that the ruling "rips a gaping hole" in legal fee jurisprudence that would "immunize" lawyers from ever having to pay attorney fees for filing baseless patent lawsuits.
IP Watchdog
AUGUST 19, 2024
On August 16, the U.S. Court of Appeals for the Federal Circuit issued a nonprecedential ruling in Cisco Systems, Inc. v. K.Mizra LLC vacating the Patent Trial and Appeal Board’s (PTAB) determination that Cisco failed to show a motivation to combine a pair of prior art references in arguing that K.Mizra’s challenged patent claims were obvious. The Federal Circuit faulted the PTAB for its rigid application of motivation to combine analysis, and found that the Board lacked substantial evidence in
IP Law 360
AUGUST 19, 2024
Rapper T.I. can't block MGA Entertainment from questioning his customer witnesses' motivations to testify at the upcoming intellectual property retrial over the company's L.O.L. Surprise! doll line, and he likewise is barred from raising questions of cultural appropriation in that context, a California federal judge ruled Monday.
IP.com
AUGUST 19, 2024
Intellectual Property (IP) is a cornerstone of competitive advantage and a crucial element in the innovation-driven economy. A comprehensive IP strategy not only protects a company’s intangible assets but also drives business growth and market positioning. Effective IP management requires a multidisciplinary approach that integrates innovation, marketing, human resources, procurement, financial, and legal considerations.
IP Law 360
AUGUST 19, 2024
Video-game developer Activision Blizzard Inc. has settled a dispute with San Francisco incubator Acceleration Bay Group Inc. after a Delaware federal jury found Activision infringed two patents with its World of Warcraft and Call of Duty games and owed $23.4 million, according to papers filed in federal court on Friday.
McBayer IP Blog
AUGUST 19, 2024
Posted In AI , copyright , Intellectual Property , Trademark The 2024 Olympics have come to a close, and as we all look back on the memories made and records set in Paris (and Tahiti, of course!), I can’t help but focus on a commercial that irritated me to no end. The commercial promoted Google’s Gemini AI technology by featuring a proud father working with his impressionable daughter, who the ad tells us was looking up to track star Sydney McLaughlin-Levrone.
IP Law 360
AUGUST 19, 2024
Dutch electronics giant Koninklijke Philips NV agreed to drop its patent case against a major French cellular brand on Monday, shortly after both sides agreed to cancel a jury trial in Delaware federal court that would have set the licensing rates for patents covering ways of complying with 3G and 4G telecom standards.
The TTABlog
AUGUST 19, 2024
In a "somewhat unusual" Section 2(d) cancellation proceeding targeting a Supplemental Register registration and involving "dueling claims of acquired distinctiveness," the Board granted a petition for cancellation of Fieldvine's Inc's registration for the mark PERMITS.COM for construction permit services. Although Petitioner State Permits, Inc. could not prove acquired distinctiveness for its mark PERMIT.COM , it did prove first use for identical services, and that was enough.
IP Law 360
AUGUST 19, 2024
A Delaware federal jury has rejected a physician's claim that NuVasive Inc. fraudulently induced him to enter into a 2014 agreement related to patents he owns for spinal implant system components — but also rejected the medical device manufacturer's claim that the doctor had breached the deal by suing.
Kluwer Copyright Blog
AUGUST 19, 2024
Image via flickr Rights Retention Strategy Plan S is innovative, ambitious and unsurprisingly complex. Rights retention represents just a part of Plan S. Rights retention was developed as a strategy for compliance with the funder’s requirements by retaining some of the economic rights granted by copyright. It was not intended to be a strategy for simply retaining rights in works created by academic researchers.
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