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Popular Internet infrastructure service Cloudflare has come under pressure from copyright holders in recent years. The company offers its services to millions of customers including multinationals, governments, but also some of the world’s leading pirate sites. These pirate sites have proven to be quite a headache for Cloudflare. For example, rightsholders continue to complain that the company helps pirates conceal their hosting locations and identities, as was made clear again in recent submiss
by Dennis Crouch OpenAI’s new patent pledge promises to use their patents only for defensive purposes, as long as other parties do not assert claims against them or engage in harmful activities. The move echoes Tesla CEO Elon Musk’s 2014 declaration that “all our patent … belong to you” – a pledge that garnered significant attention but left many questions unanswered.
This week on IPWatchdog Unleashed we have a special episode. At the end of September we held our annual all-topics conference, which we call IPWatchdog LIVE. This conference brings together some of the top thought leaders and newsmakers from the entire industry, with a variety of different backgrounds and people who focus on various different niche verticals within the IP community.
Here is our recap of last week’s top IP developments including summary of the posts on the lack of participation by academics in court proceedings, Patent Controller’s order on patent of addition, and Delhi High Court’s decision on latching and passing off. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?
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?
The IPKat has received and is pleased to host the following guest contribution by Katfriend Lucius Klobučník (Aston University) on a recent decision of the Spanish Competition Authority regarding the compatibility of certain rates charged by collective management organizations (CMOs) with the prohibition of abuses of dominant position. Here’s what Lucius writes: Flat rates supported by clauses on universality of repertoire in contracts between CMOs and users are anti-competitive, says Spanish Co
On October 3 and 4, the competition authorities of the G7, including the US Federal Trade Commission (FTC) and Department of Justice’s (DOJ) Antitrust Division, participated in a summit on AI competition challenges. The summit culminated in the release of a Digital Competition Communique, outlining the authorities’ shared concerns about competition risks in the AI ecosystem and joint commitments around safeguarding and promoting competition in the ecosystem.
The fight over frozen mechanicals continues to pay off as songwriters log another cost of living increase for physical/downloads while streaming falls farther behind.
The fight over frozen mechanicals continues to pay off as songwriters log another cost of living increase for physical/downloads while streaming falls farther behind.
In a guest article, Venable's Rebecca Liebowitz, Andrew D. Price, and Samantha J. Moskowitz examine the rise in increasingly sophisticated trademark fraud and what practitioners can do to minimize the risks for clients.
In the evolving landscape of K-12 education, the demand for high-quality, culturally responsive content has never been greater. EdTech and curriculum development companies as well as educators are increasingly tasked with personalizing curriculum and lessons to meet diverse student needs. However, with this demand comes the challenge of navigating copyright laws and securing permissions for the use of educational materials.
Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create the risk of a false advertising claim.
by Dennis Crouch The USPTO has issued final rules aimed at expanding opportunities for practitioners to appear before the Patent Trial and Appeal Board (PTAB). The rules, which go into effect on November 12, 2024, make several changes to the requirements for counsel in AIA-trial proceedings. However, the final rules do not go as far as some had proposed in allowing non-registered practitioners to take lead roles.
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.
Combining Abstract Ideas Does Not Make Them Less Abstract - In Broadband Itv, Inc. v. Amazon.Com, Inc., Appeal No. 23-1107, the Federal Circuit held that when assessing patent eligibility under 35 U.S.C. § 101, combining two abstract ideas does not make either less abstract, and conventionality can be analyzed at both steps of the Alice test.
Pre-Game Quiz Controversy Sports,University Audrey Vengesai October 14, 01:08 PM October 14, 01:08 PM On October 21, 2023, a packed and nationally televised football game between two known rivals, Michigan State University (the "University") and the University of Michigan, took an unexpected turn as a typical pregame show turned into a legal quagmire.
Before Stark, Lourie, and Bryson. Appeal from the United States District Court for the District of Connecticut. Summary: A narrowly defined patent license may result in some activity falling within the scope of the patent claims, but outside the scope of the license. .
Unsportsmanlike Conduct; 15 Yard Penalty, Pay $150,000 University,Sports Joshua Potter October 14, 01:22 PM October 14, 01:22 PM In August 2024, Carilius Media ("Carilius"), a small media company based in the Columbia, filed a lawsuit against Michigan State University ("MSU") for allegedly infringing its copyright in a YouTube video containing quiz questions.
On September 25, 2024, for only the second time since 2018, the U.S. Court of Appeals for the Federal Circuit granted a request for en banc review of a panel decision in a patent case. The case, EcoFactor Inc. v. Google LLC, 104 F.4th 243 (Fed. Cir. 2024), relates to patent damages and has the potential to tighten the reins on damages experts and provide more clarity for district court judges when deciding whether to exclude an expert’s damages testimony.
The following is an edited transcript of my video 25 Ways to Avoid Trademark Scams. Know that everything you file related to a trademark at the USPTO is in the public records. Use an attorney for many reasons when you’re filing a trademark application, but one of the valuable reasons is they can give you guidance about scams and they can act as a buffer by being the primary contact.
The Central District of California ruled that the heightened pleading standard of Federal Rule of Civil Procedure Rule 9(b) applies to all three prongs of a false patent marking claim, including the third prong, competitive injury. In doing so, it took a clear stand on an issue with a nationwide split among district courts.
Image from here In JFC Steel Corporation v. The Controller of Patents , the appellant was challenging the Controller’s decision to refuse the patent application (279/DEL/2015) for lack of inventive step u/s. 2(1)(ja). The patent application related to a “method of activating a continuous annealing furnace for continuously annealing steel sheets”, thereby shortening the time period taken to stabilize the dew point of the in-furnace atmosphere.
Earlier this year, Merck Sharp & Dohme, LLC (“Merck”) requested inter partes review (“IPR”) of a number of patents owned by the Johns Hopkins University (“JHU”).
If you buy a wallpaper that shows copyright-protected pictures and apply it to the wall of a room, can you take a picture or video of the room and publish the picture or video online? Or do you have to ask the copyright owner for explicit consent? The German Supreme Court recently decided this question in three parallel cases ( I ZR 139/23 , I ZR 140/23 and I ZR 141/23 ).
This is one of the many AG enforcement actions against social media for [reasons]. In this particular claim, the Indiana AG alleges that TikTok coaxed users to install its app on false pretenses, including deceptive omissions about its ties to China. The lower court dismissed the case. The appeals court revives it. Statutory Application to “Free” Exchanges The lower court held that the state consumer protection statute didn’t apply to TikTok because the app was downloadable for
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