Plagiarism Today
MAY 20, 2024
A Japanese council created a series of collectible cards to promote local cuisine. Then fans noticed the similarities to Pokémon. The post Restaurant Promotion Plagiarizes Pokémon Cards appeared first on Plagiarism Today.
Erik K Pelton
MAY 20, 2024
The following is an edited transcript of my video 4 Tips for a TTAB Hearing. TTAB hearings can be important tools in a trademark dispute or appeal at the USPTO. I’ve watched dozens of hearings, and participated in many myself. Here are my key tips: Know the rules of the Trademark Trial and Appeal Board (TTAB): the rules for evidence, for the case, and for the hearing.
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Plagiarism Today
MAY 20, 2024
Spotify sued by Mechanical Licensing Collective, Internet Archive fails to get music lawsuit tossed and Sony Music opts out of AI training. The post 3 Count: Mechanical Litigation appeared first on Plagiarism Today.
The Illusion of More
MAY 20, 2024
A class-action suit was filed last week by voice actors Paul Lehrman and Linnea Sage against AI developer LOVO, Inc. According to the complaint, LOVO induced the actors to provide recorded material under false pretenses—material which was then used to produce synthetic replicas of their voices to become part of a catalog offered to paying […] The post Voice actors, tricked by LOVO into creating AI replicas, file suit. appeared first on The Illusion of More.
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?
IP Watchdog
MAY 20, 2024
The United States Patent and Trademark Office (USPTO, the Office or the Agency) has recently issued multiple guidance and proposed rules that potentially change the landscape of patent practice. On top of that, the USPTO has also proposed substantial terminal disclaimer fee increases that can induce early filing of terminal disclaimers. The Agency’s actions will significantly impact patenting artificial intelligence and it is important to understand the USPTO’s position from a holistic perspecti
TorrentFreak
MAY 20, 2024
After more than a decade at the MPA, including his tenure as Chief of Global Content Protection while heading anti-piracy coalition ACE, Jan van Voorn recently left the Hollywood anti-piracy group to lead his own venture. That raised questions of who might be a good fit for his former position or whether the MPA would seize the opportunity to try something a little different.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
MAY 20, 2024
In 2021, Colorado-based Internet provider WOW was sued by a group of movie companies, including Millennium Media and Voltage Pictures. The filmmakers accused the ISP of failing to terminate the accounts of subscribers who were repeatedly flagged for sharing copyrighted material. These type of lawsuits have resulted in multi-million dollar judgments against Cox and Grande ; a fate WOW hopes to avoid.
IP Law 360
MAY 20, 2024
A federal judge in Chicago has ruled that General Motors's longtime legal rival there has failed to convince him that engineers working for the automaker showed "deceptive intent" when filing a design patent at the U.S. Patent and Trademark Office using the wrong name.
IP and Legal Filings
MAY 20, 2024
Introduction In the realm of corporate social responsibility (CSR), where businesses are expected to contribute positively to society, a disturbing trend has emerged: the violations of CSR initiatives as a simple cover for commercial tax evasion. [i] The purpose of companies´ CSR activities is twofold: to support a normal social development of society and environmental protection, while some companies turned the good cause to their advantage, spending money that could have been used for real ben
IP Law 360
MAY 20, 2024
Scarlett Johansson revealed in a statement Monday that she declined OpenAI CEO Sam Altman's offer to voice the current ChatGPT, but said she was "shocked, angered and in disbelief" when she recently heard a demo of the generative artificial intelligence system's voice that "sounded so eerily similar" to her own.
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.
JD Supra Law
MAY 20, 2024
Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month. We begin in Pennsylvania where the state’s high court reined in some loose analysis by the lower courts. If a controlled substances exclusion applies to “bodily injury” claims and “bodily injury” does not include emotional harm, must an insurer defend a claim that potentially asserts emotional harm?
IP Law 360
MAY 20, 2024
The U.S. Supreme Court on Monday declined an appeal from Illinois-based marketing consulting firm Impossible X LLC, which had asked the justices to review a Ninth Circuit ruling that revived a trademark complaint against it from veggie-burger maker Impossible Foods Inc.
JD Supra Law
MAY 20, 2024
Pharmaceutical drug pricing and reimbursement remains a bipartisan focus as we draw closer to the November presidential elections, with politicians remaining steadfast in their efforts to turn up the heat on pharmaceutical manufacturers. Politicians and other groups from across the political spectrum have coalesced around a 40-year-old statute known as the Bayh-Dole Act—intended to facilitate the public’s beneficial use of patented inventions by securing intellectual property (IP) rights for.
The IPKat
MAY 20, 2024
Are you passionate about IP? We have exciting news for you! The IPKat is seeking Expressions of Interest (EOI) for GuestKat posts and looking for an IP enthusiast to fill an InternKat position. GuestKat and InternKat positions are six months (with the possibility of extension), and there are no geographical restrictions on either role. Please bear in mind that you need to have your employer’s permission to be part of the IPKat team.
JD Supra Law
MAY 20, 2024
In recent months, there has been an onslaught of negative news surrounding startup investment. However, recent reporting from The Information points to two specific sectors where investment is actually on the rise.
The IPKat
MAY 20, 2024
Always on the move to attend the latest events What's new in terms of events and opportunities in the IP field? Find out by reviewing the latest edition of our miscellany post. And, for events, do not forget to regularly check our Events page. Happy week to all our readers! Events Webinar - Plausibility: from herbicides to insecticides and beyond (30 May 2024) On 30 May 2024 the 4iP Council is hosting a webinar with Dheemanth Vangimalla and Sir Robin Jacob (chaired by Axel Ferrazzini) on the top
JD Supra Law
MAY 20, 2024
The United States Supreme Court recently announced its Opinion in Warner Chappell Music, Inc. v. Nealy, 144 S. Ct. 1135 (2024). At issue was whether recoverable damages under the Copyright Act were limited to the three-year statute of limitations period. The Supreme Court found that the Copyright Act’s statute of limitations does not bar recovery for infringing act(s) occurring more than three years prior to bringing suit.
The IPKat
MAY 20, 2024
If you were too busy enjoying the May sunshine last week, here's the summary of what you missed: Patents Image from Pixabay. Rose Hughes shared that the USPTO has issued a request for comments regarding the impact of AI on evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024.
JD Supra Law
MAY 20, 2024
When thinking of archetypal unicorns in the technology sector, carbon capture is rarely top of mind. However, a December report by McKinsey & Co. stated that global investment in carbon capture technologies is predicted to reach between $100 billion and $400 billion by 2030,[1] and in early April, a highly commercialized carbon capture collaboration between Exxon Mobil and FuelCell Energy was valued as a trillion-dollar opportunity.
The IPKat
MAY 20, 2024
The Cambridge Beer Festival (taking place this week) is not only one of the UK's largest beer festivals, but also results in one of the largest, non-IP-related, concentrations of patent attorneys that can surely be found. Inspired by this phenomena, PatKat has taken a look at two very different "beer"-related patent cases. The first of these cases, reviewed in this post, considered the infamous "dynamic interpretation" by the Enlarged Board of Appeal in Pepper ( G 3/19 ) in a decision relating t
JD Supra Law
MAY 20, 2024
The US Senate’s Bipartisan AI Policy Roadmap is a highly anticipated document expected to shape the future of artificial intelligence (AI) in the United States over the next decade. This comprehensive guide, which complements the AI research, investigations, and hearings conducted by Senate committees during the 118th Congress, identifies areas of consensus that could help policymakers establish the ground rules for AI use and development across various sectors.
IP Law 360
MAY 20, 2024
Despite Elon Musk's decision to move the headquarters of his company to the Western District of Texas, Tesla was able to persuade a federal judge in Austin to send an infringement suit targeting its charging stations to California, where the company was previously based.
JD Supra Law
MAY 20, 2024
On May 9, 2024, the Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Nealy et al., holding that a plaintiff can seek damages for past infringement that had occurred earlier than the three-year statute of limitations period, as long as the claim is filed timely from accrual within the limitations period or under the “discovery rule.
IP Law 360
MAY 20, 2024
Rite Aid has reached an agreement with Brand Design Company to end a lawsuit claiming that the drug store chain misused the design firm's font for a new logo, the parties have told a Pennsylvania federal court.
JD Supra Law
MAY 20, 2024
On May 10, 2024, the United States Patent and Trademark Office (“USPTO”) published a notice of proposed rulemaking in the Federal Register that could dramatically impact prosecution practices, especially for those practitioners in life sciences areas. See Fed. Reg. 89, No. 92, 40439-49 (May 10, 2024). By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
IP Law 360
MAY 20, 2024
Moderna has successfully defended a key patent underpinning its COVID-19 vaccine, after rivals Pfizer and BioNTech attempted to convince the European Patent Office that the IP protections should be nixed.
JD Supra Law
MAY 20, 2024
The INTA Annual Meeting is here! As one of the largest gatherings of trademark professionals from around the world, the INTA Annual Meeting offers opportunities for networking, education, and collaboration. Against the backdrop of Atlanta's vibrant culture and dynamic business environment, attendees can expect a diverse lineup of speakers, interactive workshops, and insightful sessions covering the latest trends and developments in trademark law, brand protection, and intellectual property.
IP Watchdog
MAY 20, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday, May 20, said in a precedential decision that fees incurred during inter partes review (IPR) proceedings are not recoverable under the “exceptionality” rule of 35 U.S.C. § 285. The court also rejected Dragon Intellectual Property, LLC’s argument that the case should not qualify as exceptional and rejected DISH Network, LLC’s argument that Dragon’s counsel should be held jointly and severally liable for the award of attorneys’ fee
JD Supra Law
MAY 20, 2024
Further to Woods Rogers’s recent e-alert, the U.S. Patent & Trademark Office (USPTO) issued guidance on the patentability of inventions developed using artificial intelligence (AI). The guidance—which has sparked a flurry of reactions from global companies and trade organizations, as summarized below—states that patents are available for inventions created with AI assistance, provided a human has made a “significant contribution” to every element.
IP Law 360
MAY 20, 2024
The U.S. Supreme Court on Monday refused to review a Federal Circuit ruling that revived Columbia Sportswear's design patent suit against Seirus Innovative Accessories Inc., which Seirus said created an "illogical, unworkable test" for design patent cases.
JD Supra Law
MAY 20, 2024
In our PTAB Spotlight Series, attorneys will share their valuable insights on PTAB practice today, the challenges and opportunities clients face, and the trends practitioners should follow. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
IP Law 360
MAY 20, 2024
A bill that would create a "good faith exception" to certain fines from the U.S. Patent and Trademark Office has unanimously passed through the House's Judiciary Committee.
JD Supra Law
MAY 20, 2024
In keeping with precedent, a judge in the District of Delaware issued an oral order restricting the extent of permissible activities for litigation counsel before the Patent Trial and Appeal Board. The order resolved a protective order dispute over the proper scope of a patent prosecution bar, concluding that litigation counsel that had access to confidential information is restricted from participating in the motion to amend process in an IPR.
U.S. Department of Commerce
MAY 20, 2024
Secretary of Commerce, and Undersecretary of Everything Else May 20, 2024 CAndrade@doc.gov Mon, 05/20/2024 - 08:56 Hoover seated at his desk, which now lives in the Commerce Research Library. Whether your interest is in the effects of shipping routes on marine ecosystems, advancements in fire-fighting technology, or ensuring fair trade laws, the Office of the General Counsel provides opportunities for your passions to impact policies.
JD Supra Law
MAY 20, 2024
In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the USPTO formed the Central Reexamination Unit (CRU) and staffed it with 15 year+ Examiners and legal experts. Later, after the loss of Inter Partes Reexamination in 2012, the USPTO added all newly filed reissue applications to the CRU Examiner’s regime.
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