Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g).

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Invention Patent Application Inventor Government 162

TorrentFreak

OCTOBER 6, 2023

Website blocking has become the go-to anti-piracy measure for the entertainment industries when tackling pirate sites on the internet. The practice has been around for well over 15 years and has gradually expanded to more than forty countries around the world. The actual blocking is done by Internet providers, often following a court order. These measures can range from simple DNS blocks to more elaborate schemes involving Server Name Indication (SNI) eavesdropping, or a combination of both.

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Privacy Technology Blogging Copyright 137

Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § 101. Background Trinity sued Covalent for patent infringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S. Patent 10,936,685 (“the ’685 patent”) (collectively, “the challenged patents”).

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Invention Art Patent Technology 147

IP Watchdog

OCTOBER 6, 2023

This week in Other Barks & Bites: The U.S. Supreme Court denies a hearing to music publishers who accused a website of infringing on the copyright of live music performances; the U.S. Court of Appeals for the Federal Circuit (CAFC) issues two precedential patent opinions; X Social Media sues Elon Musk’s social media platform X for copyright infringement; and the PTAB grants Mylan Pharmaceutical’s petition for an inter partes review on the validity of Novo Nordisk’s Ozempic and Wegovy patent

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Social Media Music Patent Infringement Copyright Infringement 115

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

JD Supra Law

OCTOBER 6, 2023

If you are in business and use a word, phrase, symbol, design, or any combination of these to identify your goods or services, you have a trademark and need to consider "What does trademark law protect against?".

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Trademark Law Trademark Law Design 112

Olartemoure Blog

OCTOBER 6, 2023

Monica Guevara Partner | Patents Director  monica.guevara@olartemoure.com With nearly 15 years of experience at the firm and a dual background in Pharmaceutical Chemistry and Law, Monica has held various leadership positions, including her most recent role as Patents Director. In her new role, she will continue to lead our patent practice across the continent.

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Intellectual Property Privacy Business Branding 105

Technology & Marketing Law Blog

OCTOBER 6, 2023

McGucken is a professional photographer who has appeared on the blog before. He claims that third party “contributors” uploaded his copyrighted photos to ShutterStock as part of ShutterStock’s licensing program. Specifically, McGucken claims that a total of 337 images were uploaded, of which 165 were downloaded and that led to 938 licenses. In total, those licenses generated $2,131 in revenues, split between the contributor and ShutterStock.

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Licensing Blogging Settlement Litigation 98

Likelihood of Confusion

OCTOBER 6, 2023

This Google stuff has just gotten so tiring, so all over the place, that I’ve given up on keeping track of it. The piece with giving in to China’s repression. The post Do you mean, PLEASE come arrest me and send me to reeducation camp? appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

OCTOBER 6, 2023

Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an interesting counterpoint to the raft of recent copyright-themed AI lawsuits – especially the class action launched by Sarah Silverman and two other authors against OpenAI back in July.

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Law Copyright 79

The IPKat

OCTOBER 6, 2023

Stockholm A few days ago, The IPKat announced an event taking place at University College London and online on 9 November and focusing on the impact and legacy of the copyright case law of the Court of Justice of the European Union (CJEU) for post-Brexit UK. That same week (on 6 November), another copyright-focused event - EU Copyright at a Crossroads: The Impact of the CJEU on National Copyright Systems - will also take place, this time in Stockholm and online.

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Copyright Copyright Law Registration Marketing 76

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

JD Supra Law

OCTOBER 6, 2023

You are likely already familiar with two US recent decisions that have addressed the copyrightability of AI-generated works: (a) On August 18, 2023, the United States District Court for the District of Columbia ruled in favor of the U.S. Copyright Office (USCO) in Thaler v. Perlmutter, D.D.C., No. 1:22-cv-01564 (Thaler Decision), confirming that a work generated by an artificial system absent human involvement is not eligible for copyright protection under US copyright law.

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Copyright Law Copyright Law 77

The TTABlog

OCTOBER 6, 2023

The parties to this cancellation proceeding opted to litigate the case under the Accelerated Case Resolution (ACR) regime. In accordance with the parties' stipulation, the case was divided into two stages, the first stage addressing the issue of whether Respondent Jerry's Famous Deli had ceased use (for purposes of Section 45) of the registered marks RASCAL HOUSE , WOLFIE COHEN’S RASCAL HOUSE , and the word-and-design mark shown below, for restaurant services.

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Branding Branding Brands Advertising 69

JD Supra Law

OCTOBER 6, 2023

The Federal Trade Commission (FTC) has released a new Policy Statement addressing one of its long-standing concerns in the pharmaceutical industry: the improper listing of patents in the Orange Book. In an open meeting of the commissioners in September, the FTC voted unanimously to approve the issuance of the new statement, which directly addresses the improper listing of patents in the Food and Drug Administration’s (FDA) publication of Approved Drug Products with Therapeutic Equivalence.

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Patent 75

The IPKat

OCTOBER 6, 2023

October has just started , and here you can find what you missed from the IPKat last week. Copyright Eleonora Rosati discussed the Valve Corporation, T-172-21, judgment issued by the General Court on the applicability of Article 101 TFEU in the copyright context. In particular the issue of geoblocking practices was considered in the interplay between IP protection and competition rules.

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Patent Application Copyright Copyright Law IP 67

JD Supra Law

OCTOBER 6, 2023

A recent article in The Hollywood Reporter explores TV and movie studios’ potential use of AI for generating scripts. Scott Hervey and Jamie Lincenberg discuss this and other statements in the article on this episode of The Briefing.

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Copyright Reporting 70

IP Watchdog

OCTOBER 6, 2023

In recent months, two U.S. government executive initiatives have reshaped the landscape concerning intellectual property and the domestic production of products resulting from federally funded research. These initiatives are poised to bring substantial changes to the dynamics of academic-industry collaborations as inventions are brought to market.

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Reporting Intellectual Property Invention Government 64

JD Supra Law

OCTOBER 6, 2023

As artificial intelligence (AI) becomes better and more prevalent, people will increasingly use its computing power to supplement or replace human creativity. Film director Gareth Edwards attempted to do just that in his new movie, The Creator, about artificial intelligence. Edwards used an AI algorithm to attempt to replicate the musical style of composer Hans Zimmer.

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Intellectual Property Law Intellectual Property Privacy Music 70

Patently-O

OCTOBER 6, 2023

by Dennis Crouch Today’s post introduces the new decision in Sisvel International S. A. v. Sierra Wireless, Inc. , No. 22-1493 (Fed. Cir. Oct. 6, 2023). Here, I focus on two distinct issues. The first part has to do with motivation-to-combine, with the decision offering some good language for patent prosecutors attempting to overcome weakly worded office actions.

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Art Invention Patent Patent Application 64

JD Supra Law

OCTOBER 6, 2023

Case Name: Bristol-Myers Squibb Co. v. Xspray Pharma AB , No. CV 22-964 (RMB/MJS), 2023 WL 3354261 (D.N.J. Apr. 25, 2023) (Bumb, J.) Drug Product and Patent(s)-in-Suit: Sprycel®/Dasynoc® (dasatinib) U.S. Patents Nos. 7,491,725 (“the ’725 patent”), 8,680,103 (“the ’103 patent”), and 8,242,270 (“the ’270 patent”).

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Patent 70

The IP Law Blog

OCTOBER 6, 2023

A recent article in The Hollywood Reporter explores TV and movie studios’ potential use of AI for generating scripts. Scott Hervey and Jamie Lincenberg discuss this and other statements in the article on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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Copyright Reporting Copyright Law Law 62

JD Supra Law

OCTOBER 6, 2023

As AI systems demonstrate unprecedented capabilities to create, manipulate, and generate original content, the interplay between AI and copyright law has come to the forefront of legal discourse. This convergence presents both challenges and opportunities as stakeholders grapple with defining authorship, ownership, and infringement in a landscape where machines are capable of producing works that rival human creativity.

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Copyright Ownership Copyright Law Law 70

Corsearch

OCTOBER 6, 2023

Discover the place where creativity meets compliance and harness the power of ChatGPT and TrademarkNow in generating unique, legally cleared brand and product names and taglines with ease. While many seasoned marketing and branding agency professionals are very sensitive to potential legal issues, none of us can be all things to all people. Your client has an exciting new brand in mind.

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Brands Branding Branding Marketing 59

JD Supra Law

OCTOBER 6, 2023

Charity seeking to register product designs as trademark icon not met the “very high burden” for showing acquired distinctiveness - On September 1, 2023 the Trademark Trial and Appeal Board (TTAB) issued a nonprecedential Opinion affirming the Examining Attorney’s refusal to register a product design configuration for bed frames in In re Sleep in Heavenly Peace, Inc.

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Trademark Design Designs 65

IP Watchdog

OCTOBER 6, 2023

Our client, a respected IP boutique law firm with a focus on patent prosecution excellence, is actively seeking an Electrical Engineering or Computer Science Patent Attorney to join their growing team in Nothern Virginia. Qualified candidates will have the ability to work in a team environment and preferably have a technical background in computer science, computer engineering, electrical engineering, software, and telecommunications.

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Patent Prosecution Patent Patent Application IP 59

JD Supra Law

OCTOBER 6, 2023

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s soul classic, “Let’s Get It On.” After just three hours of deliberations, the jury determined that Sheeran had independently created the song and therefore did not infringe the “Let’s Get It On” copyright.

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Music Copyright 65

LexBlog IP

OCTOBER 6, 2023

A recent article in The Hollywood Reporter explores TV and movie studios’ potential use of AI for generating scripts. Scott Hervey and Jamie Lincenberg discuss this and other statements in the article on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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Copyright Reporting Intellectual Property 52

JD Supra Law

OCTOBER 6, 2023

This week, the U.S. District Court for the Southern District of New York dismissed Liberty Tax Services’ suit alleging trademark and trade dress infringement, trademark dilution, and defamation against AMC for AMC’s use of “Sweet Liberty Tax Services” (“SLTS”) in Season 6 of “Better Call Saul.” In Season 1, minor antagonist Craig Kettleman went to prison after embezzling $1.6 million.

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Trademark IP Business 65

LexBlog IP

OCTOBER 6, 2023

A recent article in The Hollywood Reporter explores TV and movie studios’ potential use of AI for generating scripts. Scott Hervey and Jamie Lincenberg discuss this and other statements in the article on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

Copyright 52

Copyright Reporting Intellectual Property 52

JD Supra Law

OCTOBER 6, 2023

Artificial intelligence (AI) has been a prominent topic recently, especially given the technological advances and commercial realization of generative AI systems. As AI-generated content continues to proliferate the Internet, concerns remain as to whether AI-generated works can be protected under U.S. copyright laws.

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Ownership Registration Copyright Law Technology 62

LexBlog IP

OCTOBER 6, 2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § 101. Background Trinity sued Covalent for patent infringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S. Patent 10,936,685 (“the ’685 patent”) (collectively, “the challenged patents”).

Invention 52

Invention Art Patent Technology 52

JD Supra Law

OCTOBER 6, 2023

A recent article in The Hollywood Reporter explores TV and movie studios’ potential use of AI for generating scripts. Scott Hervey and Jamie Lincenberg discuss this and other statements in the article on this episode of The Briefing.

Copyright 56

Copyright Reporting 56

LexBlog IP

OCTOBER 6, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g).

Invention 52

Invention Patent Application Inventor Government 52

IP Law 360

OCTOBER 6, 2023

After being suspended by colleagues investigating her fitness to serve on the bench, 96-year-old Federal Circuit Judge Pauline Newman said in an interview with Law360 that she's prepared to fight the decision for as long as it takes, calling the case "very bad for this court.

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Olartemoure Blog

OCTOBER 6, 2023

In a strategic move to underscore its renewed commitment to combat money laundering, the Superintendency of Companies has announced the initiation of two sanction proceedings against companies and their legal representatives. These actions come in response to alleged failures in implementing effective risk prevention compliance programs mandated by local anti-money laundering regulations, known as SAGRILAFT.

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Intellectual Property 52

Velocity of Content

OCTOBER 6, 2023

Over the last decade, digital audio has consistently brightened balance sheets for publishers, growing by double-digits year over year, with total US digital audio revenue for publishers expected soon to surpass that of e-books. Estimated industry-wide audiobook revenue is now nearly $1.8 billion, according to the Audio Publishers Association annual survey.

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Publishing Reporting Copyright 52