Plagiarism Today
MAY 22, 2024
The myth of Poor Man's Copyright has been with us for decades. But where did the (bad) idea get its start? The post Where Did the Poor Man’s Copyright Myth Start? appeared first on Plagiarism Today.
JD Supra Law
MAY 22, 2024
On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. et al. v. GM Global Technology Operations LLC, overturning the long-standing obviousness test for design patents. By: Wolf, Greenfield & Sacks, P.C.
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Plagiarism Today
MAY 22, 2024
Scarlett Johansson threatens to sue OpenAI, Cox sues insurers over copyright payout, and NMPA seeks to end statutory licenses. The post 3 Count: Her Not Her appeared first on Plagiarism Today.
IP Law 360
MAY 22, 2024
Spencer Fane LLP has spent the past two years building up what it hopes to be a top-tier intellectual property group, pulling together a "band of misfits" from firms like Fish & Richardson PC and McKool Smith, according to the group's co-leader.
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?
TorrentFreak
MAY 22, 2024
In many countries around the world there are long-established, well-worn legal processes that allow rightsholders to obtain the personal details of suspected pirates. Requirements vary from region to region but when certain conditions are met, few courts deny genuine copyright holders the ability to enforce their rights under relevant law. One of the most fundamental requirements is that the entity making the claim has the necessary rights to do so, yet over the years there has been no shortage
IP Law 360
MAY 22, 2024
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP and Legal Filings
MAY 22, 2024
ABSTRACT Employers and employees both are affected by the significant consequences resulting out of an injury. Employment injury negatively affects the production, financial stability and over all functioning. Governments around all over the world have included certain statutory obligations on the employer with an intention to ensure the safety and security of the employees in the workplace.
Copyright Lately
MAY 22, 2024
Johansson says the new ChatGPT voice is “eerily similar” to her own. Does the actress have a case? Matt Belloni and I break it down on today’s episode of The Town. In 2013, The New Republic gave Spike Jonze’s film Her a dubious honor, calling it the scariest movie of the year. The titular “Her” is Samantha, an AI personal assistant, and the movie paints a disguised dystopia in which humans are all too easily subjugated to the seductive voice of technology.
JD Supra Law
MAY 22, 2024
In Amgen Inc. v. Sanofi, the Supreme Court unanimously held that “[i]f a patent claims an entire class of processes, machines, manufactures, or compositions of matter, the patent specification must enable a person skilled in the art to make and use the entire class.” That is, “the specification must enable the full scope of the invention as defined by its claims.
IP Law 360
MAY 22, 2024
An attorney for Pryor Cashman LLP and his client were accused Wednesday in Florida federal court of engaging in a "brazen" scheme to usurp a hose company's rights to a patent portfolio while also defrauding the U.S. Patent and Trademark Office.
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 22, 2024
The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping” — that is, using automated tools to extract data from a website or online services.
IP Law 360
MAY 22, 2024
For at least the second time in a week, a federal judge in Austin, Texas, has explained why he has shipped a patent lawsuit from his court to the Northern District of California — this time in a case brought by a bankrupt startup against one of Salesforce's brands.
JD Supra Law
MAY 22, 2024
In a David vs. Goliath-esque legal saga, Rogue Fitness (ROGUE), a well-known workout products company, finds itself embroiled in a trademark dispute against Rogue Ridge LLC (Rogue Ridge), a mountain bike seller. At the heart of the matter lies the use of the term “Rogue” in branding, a word laden with commercial significance for both companies.
IP Law 360
MAY 22, 2024
The Patent Trial and Appeal Board has decided to review Force Mos Technology chip patents, saying it won't rely on a 2020 precedent to discretionarily deny challenges by Inergy Technology Inc. in light of a looming district court trial because the petitions raise "compelling evidence of unpatentability.
JD Supra Law
MAY 22, 2024
1 Last week, the Food and Drug Law Institute held its Annual Conference while also celebrating its 75th anniversary. There, members of FDA and industry players gathered to discuss the latest legal, policy, and regulatory developments affecting the Agency and the industries it regulates.
IP Law 360
MAY 22, 2024
A Washington federal judge has rejected The Boeing Co.'s last-minute bid to tell a jury that its patents preempt claims it misappropriated an electric jet startup's intellectual property, saying it would be unfair to allow previously unpled affirmative defenses now that the trial is underway.
JD Supra Law
MAY 22, 2024
Are certain claims prevented when bringing a trade secret claim? Yes. Generally speaking the Arkansas Uniform Trade Secrets Act (AUTSA) displaces conflicting tort, restitutionary, and other law concerning the misappropriation of a trade secret.
IP Watchdog
MAY 22, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday, May 21, issued a precedential decision vacating and remanding a district court’s finding that Core Optical Technologies didn’t have standing to sue Nokia due to the language of a contract between the inventor and his employer. Judge Mayer dissented. Core Optical alleged infringement of U.S.
JD Supra Law
MAY 22, 2024
Precedential and Key Federal Circuit Opinions - 1. ZIRCON CORP. v. ITC (2022-1649, 05/08/2024) (Lourie, Bryson, and Stark) - Bryson, J. The Court affirmed the Commission’s determination regarding the domestic industry requirement for filing a patent suit.
IP Law 360
MAY 22, 2024
The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
JD Supra Law
MAY 22, 2024
On May 20, 2024, the FDA approved the first two interchangeable biosimilars of Regeneron’s EYLEA® (aflibercept) – Biocon Biologics and Mylan’s Yesafili™ (aflibercept-jbvf) and Samsung Bioepis’s Opuviz™ (aflibercept-yszy). .
IP Law 360
MAY 22, 2024
The NFL has escaped a New York federal lawsuit filed by a professional photographer who claims his copyrighted photo was unlawfully used to create a statue of legendary running back Barry Sanders, while Getty Images Inc. hopes to settle through arbitration.
JD Supra Law
MAY 22, 2024
Kilpatrick partners Brian Axelrad, Jeff Hechtman, and Brenda Holmes recently presented to clients at the Kilpatrick Intellectual Property Seminar on the topic of “Corporate Perspectives on Intellectual Property.” They discussed corporate and intellectual property issues and how they are handled by different types of companies (early and later stage).
IP Law 360
MAY 22, 2024
A former record company employee who claims he created Nirvana's "smiley face" logo can't immediately appeal a ruling denying his ownership claim or delay trial in the band's copyright suit against designer Marc Jacobs International LLC over the logo, a California federal judge has ruled.
JD Supra Law
MAY 22, 2024
Earlier this year, the U.S. Patent Office issued its Inventorship Guidance for AI-Assisted Inventions.The main takeaway is that “[w]hile AI systems. . . cannot be listed as inventors on patent applications,” the “use of an AI system by a natural person” does not preclude that person from being listed as an inventor if they “significantly contributed to the claimed invention.
IP Law 360
MAY 22, 2024
A neurosurgeon pursuing a nearly $102 million legal malpractice case against FisherBroyles LLP and a legal services contractor over a missed patent filing deadline said Wednesday that he is planning to take the dispute to the highest court in the Peach State.
JD Supra Law
MAY 22, 2024
The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from the February 2024 en banc rehearing of LKQ Corp. v. GM Global Technology Operations LLC.[2] Although the law has not yet changed, the application of the current law has recently changed at the United States Patent & Trademark Office (USPTO).
Chicago-Kent Intellectual Property Journal Blog
MAY 22, 2024
Written by Mary Kate Nowak Introduction In the United States, computer science is considered an extremely lucrative career. In 2019, STEM-educated workers in computer occupations had the highest median annual earnings among STEM occupations. [1] Yet, computer science has one of the largest gender gaps in STEM. As of 2022, … The post Where are the Women?
JD Supra Law
MAY 22, 2024
A split Federal Circuit panel recently held that the safe harbor provision of 35 U.S.C. §271(e)(1) providing a defense to infringement applies if the allegedly infringing activity is “reasonably related to submitting information” to the U.S. Food and Drug Administration (“FDA”). Edwards Lifesciences Corp. v. Meril Life Sciences Ltd. (Fed. Cir. March 25, 2024).
IP Law 360
MAY 22, 2024
A Pennsylvania federal judge has rejected a bid from three Philadelphia-area strip clubs to throw out a suit claiming they wrongly used the likeness of models including Carmen Electra, saying the models' claims were plausible.
JD Supra Law
MAY 22, 2024
Brooks Kushman serves as design patent counsel for Ford Motor Company and has closely followed this case. Attorneys Frank Angileri and Marc Lorelli from Brooks Kushman filed an amicus brief on Ford’s behalf in the en banc proceedings. By: Brooks Kushman P.C.
IP Law 360
MAY 22, 2024
An insurance brokerage and its affiliate have accused a former high-ranking company official of decamping for a competitor and encouraging colleagues to follow suit, according to a complaint designated Wednesday to North Carolina Business Court.
IP Watchdog
MAY 22, 2024
Litigating the validity of claims in an inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB) is vastly different from litigating validity in district court. PTAB judges are scientists and engineers, and they are also patent attorneys. They have significant technical training, and most have advanced technical degrees. You can assume they know substantive patent law cold.
IP Law 360
MAY 22, 2024
Cellect LLC asked the U.S. Supreme Court to review the "nonsensical" invalidation of its patents through so-called obviousness-type double patenting, alleging the Federal Circuit "punished" it for delays in the patent prosecution process that were outside of its control.
Patent Trademark Blog
MAY 22, 2024
What is the meaning of related goods and services? Likelihood of confusion is one of the biggest obstacles to registering trademarks. In comparing trademarks, examiners will frequently reject one mark for being confusable with another mark even though the respective goods or services appear quite different. The common rationale in a typical Office Action Section 2(d) rejection is that the applicant’s goods or services are related to those of a cited registered trademark.
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