3 Count: Dare to Know
Plagiarism Today
NOVEMBER 14, 2024
Yes band members sued over Dare to Know, FMovies leader confesses and Shein must face both RICO and copyright claims. The post 3 Count: Dare to Know appeared first on Plagiarism Today.
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Perlmutter Says Copyright Office Is Still Working to Meet ‘Ambitious Deadline’ for AI Report
IP Watchdog
NOVEMBER 14, 2024
The Senate Judiciary Committee’s Subcommittee on Intellectual Property held an oversight hearing yesterday in which Register of Copyrights Shira Perlmutter told the Subcommittee members that the Office is still working to get parts two and three of its promised report on Copyright and Artificial Intelligence out by the end of this year.
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Plagiarism in Pop Culture: South Park
Plagiarism Today
NOVEMBER 14, 2024
South Park is not afraid of controversy. However, this time capsule episode about plagiarism in the music industry is very interesting. The post Plagiarism in Pop Culture: South Park appeared first on Plagiarism Today.
IDEA Act Moves Forward While Fate of PERA and PREVAIL Seems Uncertain
IP Watchdog
NOVEMBER 14, 2024
During a scheduled markup hearing of three key patent bills today, Senators Thom Tillis (R-NC) and Chris Coons (D-DE) announced they would delay consideration of both Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act), respectively. However, the Inventor Diversity for Economic Advancement (IDEA) Act of 2024 moved forward to the Senate floor.
Software Composition Analysis: The New Armor for Your Cybersecurity
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?
Full Fed. Circ. Won't Touch GoPro Patent Eligibility Argument
IP Law 360
NOVEMBER 14, 2024
The full Federal Circuit decided Thursday not to look further into arguments from GoPro Inc. that a September panel ruling on patents asserted against the camera company created "a breathtaking expansion of subject-matter eligibility.
Perpetual Plight: Unveiling the Unending Saga of Exploitation
IP and Legal Filings
NOVEMBER 14, 2024
INTRODUCTION At the outset of the COVID-19 lockdown, some unprecedented scenes erupted that before were almost unimaginable for any of us, when interstate migrant workers started walking back to their native states and villages from the metro cities where they had gone with a dream of living a better life and as an escape from poverty. The whole world witnessed the disastrous moments of covid and between all of those, there was a segment of people who were completely deprived of any resources an
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Kneschke vs. LAION – Landmark Ruling on TDM exceptions for AI training data – Part 2
Kluwer Copyright Blog
NOVEMBER 14, 2024
Image by M. H. from Pixabay In the first part of this post on the Kneschke vs. LAION decision by the German Hamburg Regional Court (“Court”), we explored the Court’s key findings regarding the operational step in a generative AI model, and the decision on the exceptions for scientific research text and data mining (“TDM”) and temporary reproductions.
Ten years of CONFUSION
Likelihood of Confusion
NOVEMBER 14, 2024
Originally posted 2015-01-13 21:28:35. Republished by Blog Post PromoterI had grand plans, in my head, for this post noting the tenth anniversary (I think people stopped saying “blogiversary,” thankfully) of LIKELIHOOD OF CONFUSION®. I am very pleased to say, however, that life and the practice of law got very stubbornly in the way. They […] The post Ten years of CONFUSION appeared first on LIKELIHOOD OF CONFUSION™.
[Audio] Why Did Taylor Swift Re-record Her Albums? – No Infringement Intended Podcast
JD Supra Law
NOVEMBER 14, 2024
In this episode, Rusty Close and Austin Padgett discuss why Taylor Swift re-recorded her original six albums. They explain the distinction between publishing rights and master recording rights, noting that Swift owned the publishing rights but not the master recordings. When her original label was sold, Swift decided to re-record her albums to regain control.
UK Supreme Court finally issues ruling on "bad faith" trade mark applications in Sky v SkyKick
The IPKat
NOVEMBER 14, 2024
Just when this Kat thought she'd have to wait for her ninth life to see an end to the SkyKick saga , the UK Supreme Court finally handed down its judgment in SkyKick UK Ltd v Sky Ltd on Wednesday ( [2024] UKSC 36 ). The Supreme Court unanimously allowed the appeal in part. Lord Kitchin gave the judgment (with which the Justices agreed) and Lord Reed gave a concurring judgment.
IPO Diversity in Innovation Toolkit
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.
Microsoft Filed Patent Application on Method for Eliminating Artificial Intelligence Hallucinations
JD Supra Law
NOVEMBER 14, 2024
Microsoft is developing a way to eliminate hallucinations, or false responses, in artificial intelligence (AI) models. It filed U.S. Patent Application No. 18/140,658, entitled “Interacting with a Language Model using External Knowledge and Feedback,” in April 2023. The application published on October 31, 2024, and became available for public inspection.
TTABlog Test: Is AGAVE BLACK Confusable with BLACK AGAVE ESPECIAL for Skin Care Preparations?
The TTABlog
NOVEMBER 14, 2024
The USPTO refused to register the mark AGAVE BLACK for cosmetics and various skin care preparations containing agave as an ingredient [AGAVE disclaimed], finding confusion likely with the registered mark BLACK AGAVE ESPECIAL for skin care products [BLACK AGAVE disclaimed]. Applicant argued that, in the cited mark, BLACK AGAVE will be seen as a reference to the plant, whereas in its mark, the word BLACK would be seen as a laudatory term, as in Johnnie Walker "Black Label.
Federal Circuit Review | October 2024
JD Supra Law
NOVEMBER 14, 2024
Failure to Obtain Advice of a Third Party Is Not Evidence of Willfulness - In Provisur Technologies, Inc., v. Weber, Inc., Appeal No. 23-1438, the Federal Circuit held that patentees cannot use an accused infringer’s failure to obtain noninfringement advice from a third party to prove the accused infringement was willful.
Professional Corporation: The Right Entity Type? - Cogency Global
Cogency Global
NOVEMBER 14, 2024
What this is : In some states, professionals licensed in fields such as engineering, healthcare and accountancy can use different entity types to form a business for providing their professional services. In other states, the option is limited to an entity type called a Professional Corporation (PC) or a Professional Service Corporation (PSC). There are also states that allow Professional Limited Liability Companies (PLLC), another professional service entity type, but this article will focus on
Is the Patent Eligibility Restoration Act a Good Thing? Probably Not.
JD Supra Law
NOVEMBER 14, 2024
On September 6, 2024, House Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) introduced the Patent Eligibility Restoration Act (PERA) to Congress. Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced an earlier version of the bill to the Senate in 2023. In a press release from Rep. Kiley’s office, PERA is lauded as bipartisan legislation crafted to “restore patent eligibility to inventions across many fields.”.
LeBron James, Netflix Accused Of Ripping Off Movie Script
IP Law 360
NOVEMBER 14, 2024
A Montana filmmaker on Thursday accused Netflix, LeBron James and other "heavy Hollywood hitters" of ripping off his copyrighted script to make one of the streaming service's recent releases, telling a California federal court the works shared obvious similarities from their dialogue, down to their characters and scene sequences.
Final Motion to Amend Rules Now in Effect at the PTAB
JD Supra Law
NOVEMBER 14, 2024
On October 18, 2024, the United States Patent and Trademark Office’s (USPTO) final rules governing Motion to Amend practice and procedures before the Patent Trial and Appeal Board (PTAB) officially went into effect.
Atty's Conduct In IP Case Merits Fees Sanction, Judge Says
IP Law 360
NOVEMBER 14, 2024
A California federal judge said Thursday an attorney who represented a company that lost a trade dress infringement case should be jointly responsible with his client, Iconic Mars Corp., for paying attorney fees and costs for his conduct during litigation that culminated with microphone manufacturer Kaotica Corp. prevailing at trial in June.
Allergan Holdings Unlimited Co. v. MSN Labs. Private Ltd. - Viberzi® (eluxadoline)
JD Supra Law
NOVEMBER 14, 2024
Case Name: Allergan Holdings Unlimited Co. v. MSN Labs. Private Ltd., Civ. No. 23-794-RGA, 2024 WL 3444368 (D. Del. July 17, 2024) (Andrews, J.).
Albright Moves Apple Foes' Patent Suit To California
IP Law 360
NOVEMBER 14, 2024
Waco's U.S. District Judge Alan Albright has decided to send a patent lawsuit lodged in his court against Apple to the tech giant's home of California, calling the "minimal local interest" provided by local tax breaks "strenuously tied to this case at best.
No more pie in the sky: UK Supreme Court rules over-broad trade marks invalid for bad faith – Sky v SkyKick
JD Supra Law
NOVEMBER 14, 2024
On 13 November 2024, the Supreme Court handed down its long-awaited judgment in SkyKick UK Ltd and another v Sky Ltd and others [2024] UKSC 36. It held that the Court of Appeal was wrong to overturn the High Court's findings that Sky's trade mark registrations were registered in bad faith. We reflect on the headline points and key takeaways from the judgment below.
Insurer Says Mich. Lawyers Lying About Its Auto Coverage
IP Law 360
NOVEMBER 14, 2024
A no-fault auto insurer alleged in a new complaint Wednesday that Michigan personal injury attorneys and their law firms are engaging in a smear campaign to drive the insurer out of the state, accusing the attorneys and firms of posting lies that the company discourages drivers from selecting adequate policies and overcharges its customers.
PTO Proposes Additional Audits to Put “Specimen Farms” Out to Pasture
JD Supra Law
NOVEMBER 14, 2024
In response to reports that some registrants use fraudulent specimens to prove continued use in commerce, the US Patent & Trademark Office (PTO) proposed an update to its post-registration audit process. Changes in Post-Registration Audit Selection for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases, 89 Fed.
Clutch-Maker Sues Off-Road Vehicle Co. For Stalled Royalties
IP Law 360
NOVEMBER 14, 2024
An off-road vehicle maker in North Carolina has shortchanged a Canadian manufacturer on royalty payments for a clutch and is otherwise tarnishing the supplier's reputation by selling vehicles that frequently malfunction, according to a newly filed federal lawsuit in the Tar Heel State.
Moving to Recuse? Too Little, Too Late
JD Supra Law
NOVEMBER 14, 2024
The US Court of Appeals for the Federal Circuit ruled that waiting until well after an adverse summary judgment motion to move for a district court judge’s recusal is untimely and moot, especially where an appeal from the adverse decision is already filed and where the recusal motion is based on public information. Cellspin Soft, Inc. v. Fitbit LLC, et al., Case No. 22-1526 (Fed Cir.
Judge Finds Dexcom Infringed Abbott Patent That Hung Jury
IP Law 360
NOVEMBER 14, 2024
A judge has found that Dexcom Inc. infringed a glucose monitor patent owned by an Abbott Laboratories unit, with the ruling coming after a Delaware federal jury in March said it was hung on the issue.
Ninth Circuit Upholds Injunction for OpenAI Over Dissent’s Charge of Abuse of Discretion
IP Watchdog
NOVEMBER 14, 2024
OpenAI, Inc. has won a fight at the U.S. Court of Appeals for the Ninth Circuit to preliminarily enjoin Open Artificial Intelligence, Inc. and its owner, Guy Ravine, from using the marks “OpenAI” or “Open AI” in commerce. But one of the three judges dissented, calling the findings in the district court’s orders granting the injunction “confusing and insufficiently explained.
Senate Panel Delays Votes On Patent Eligibility And PTAB Bills
IP Law 360
NOVEMBER 14, 2024
The Senate Judiciary Committee on Thursday postponed planned votes on legislation aimed at reducing decisions that inventions are ineligible for patents and setting new limits on Patent Trial and Appeal Board challenges, but approved a bill to let the patent office collect demographic data on inventors.
Patterson + Sheridan, LLP is Seeking a Technical Advisor, Patent Agent, or Associate
IP Watchdog
NOVEMBER 14, 2024
Patterson + Sheridan, LLP is seeking technical professionals for patent preparation and prosecution with Artificial Intelligence/Machine Learning, Electrical Engineering, Computer Science, Computer Engineering, or Biomedical Engineering (with electrical engineering specialty) backgrounds. No prior legal experience is necessary.
Cisco Asks Albright To Ax $65.7M IP Verdict, Seeks New Trial
IP Law 360
NOVEMBER 14, 2024
Cisco Systems Inc. has asked U.S. District Judge Alan Albright to throw out a Texas jury's verdict holding the technology behemoth liable for infringing a patent related to conference calls, saying Cisco suffered "immense" prejudice at trial and that the jury's $65.7 million damages award is "excessive.
Raw Story v. OpenAI: The Constitutional Hurdle That Tripped Up Raw Story’s AI Lawsuit
Patently-O
NOVEMBER 14, 2024
by Dennis Crouch In my view, some of the weakest anti-AI copyright claims have fallen under 17 U.S.C. § 1202(b)(1) – an element of the Digital Millennium Copyright Act (DMCA) that prohibits intentional removal or alteration of copyright management information (CMI). The statute broadly defines CMI to include not just copyright notices, but also titles, author information, owner information, terms of use, and other identifying information conveyed with copies of works.
Amazon Should Pay Triple $30.5M Verdict, Patent Owner Says
IP Law 360
NOVEMBER 14, 2024
The owner of two computer network patents says that a Delaware federal court should triple the $30.5 million damages award it won against Amazon in an infringement case, while the tech giant argues that the verdict should be tossed.
How to Buy or Sell a Dental Clinic in Three (not exactly simple, but digestible) Steps – Part 2a
Stock Legal Blog
NOVEMBER 14, 2024
Welcome back to our blog series on Mergers and Acquisitions in the dental space. Stay tuned for Parts 2b and 2c!
South Dakota Slams NCAA Over NIL Settlement 'Notice'
IP Law 360
NOVEMBER 14, 2024
South Dakota's attorney general has continued lodging criticism at the NCAA over its handling of a massive lawsuit related to the way student-athletes are compensated, telling a California federal judge the organization has failed to properly notify the state and others of a preliminary $2.78 billion settlement.
Federal Circuit Summarily Affirms Invalidity of Geolocation Patent Under Section 101
Patently-O
NOVEMBER 14, 2024
by Dennis Crouch Sitting by designation in Delaware District Court, Federal Circuit Senior Judge William Bryson found claims 1-10 of GeoComply's U.S. Patent No. 9,413,805 ineligible under 35 U.S.C. § 101. On appeal, the Federal Circuit has now affirmed that judgment -- albeit in a Rule 36 summary affirmance. GeoComply Sols. Inc. v. Xpoint Servs. LLC , No. 23-1578 (Fed.
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