Plagiarism Today
MAY 21, 2024
US Supreme Court declined to hear a discovery rule case, Babybus lost its bid for a new trial, and ACE seized thousands of domains. The post 3 Count: Babybus Battle appeared first on Plagiarism Today.
Erik K Pelton
MAY 21, 2024
There are countless key trademark terms, and Erik shares 25 of the most important ones to know in this episode. Learn more at erikpelton.com/resources/ The post 25 Key Trademark Terms appeared first on Erik M Pelton & Associates, PLLC. There are countless key trademark terms, and Erik shares 25 of the most important ones to know in this episode.
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Plagiarism Today
MAY 21, 2024
A recent pair of Supreme Court decisions have addressed when one can file a copyright lawsuit. So, how late is too late? The post When is it Too Late to File a Copyright Infringement Lawsuit? appeared first on Plagiarism Today.
Patently-O
MAY 21, 2024
by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. LKQ Corp. v. GM Global Tech. Operations LLC , No. 21-2348, slip op. at 15 (Fed. Cir. May 21, 2024) (en banc). The court held that the two-part test’s requirements that 1) the primary reference must be “basically the same” as the claimed design, and 2) any secondary references must be “so related”
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 Law 360
MAY 21, 2024
The full Federal Circuit on Tuesday overruled long-standing tests for proving that design patents are invalid as obvious, finding that the rules are "improperly rigid" and holding that the obviousness test for utility patents should be used instead.
Christopher Roser
MAY 21, 2024
In my previous post I looked at the different 3D printing technologies available through the market leader Stratasys. In this second post, I will go much deeper into the different materials and markets where Stratasys provides solutions to customers. For me, there were quite a few surprises where I did not expect 3D printed parts… Read more The post 3D Printing at Stratasys—3D Printing Markets first appeared on AllAboutLean.com.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
MAY 21, 2024
A shrug of the shoulders, accompanied by “a couple of hundred”, used to be considered a reasonable ballpark estimate of the number of meaningful pirate sites operating at any one time. It could’ve been treble that, of course, nobody is omnipresent. Best estimates today range from “thousands” to “tens of thousands” but that’s to a background of massive site blocking measures with perhaps 60/80,000 domains blocked to date and no end in sight.
IP Law 360
MAY 21, 2024
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
TorrentFreak
MAY 21, 2024
At the end of 2014, a novel type of lawsuit appeared on the docket of a Virginia federal court. BMG Rights Management and Round Hill Music sued Internet provider Cox Communications for failing to terminate the accounts of pirating subscribers. This was the first in a series of “repeat infringer” lawsuits which continue to this day. Most notable thus far is the $1 billion damages award against Cox in favor of several major record labels, which is still under appeal today. $25 Million
IP Law 360
MAY 21, 2024
Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.
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.
IP Close Up
MAY 21, 2024
Both TikTok and Google recently joined an initiative comprised of leading content publishers and generators designed to make changes to images and other content easily Continue reading
IP Law 360
MAY 21, 2024
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the latter half of the coming year.
JD Supra Law
MAY 21, 2024
Amid a period of recalibration, the artificial intelligence industry is experiencing a transformational phase. According to a recent report from Stanford’s Institute for Human-Centered Artificial Intelligence that closely monitors AI trends, there’s been a notable adjustment in global investment patterns within the sector.
Likelihood of Confusion
MAY 21, 2024
Tune in to hear @theslants lawyer @RonColeman say: “Section 2(a) of the Lanham Act is unconstitutional on its face” [link] — Ed Timberlake (@TimberlakeLaw) October 2, 2015 That’s probably the best way to write this post; indeed, I sat down before completing my allotted time on rebuttal on Friday, before the Federal Circuit en banc […] The post Friday in Washington with a dozen of my closest friends appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
MAY 21, 2024
The parents of a Gainesville, Georgia high school baseball player who died after he was hit in the head at baseball practice have filed a lawsuit against the school system and his coaches.
Copyright Alliance
MAY 21, 2024
What do “The Notebook,” “It,” “The Bourne Identity,” “Twilight,” “The Pursuit of Happyness,” and “The Color Purple” all have in common? You guessed it—they were all first literary works before […] The post Turning Books to Movies: Three Copyright Tips for Authors appeared first on Copyright Alliance.
JD Supra Law
MAY 21, 2024
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Taylor Swift Applies for “Female Rage: The Musical” Mark - Is a Taylor Swift musical in the works? Her fans certainly think so after her legal team filed for a new trademark this month.
IP Law 360
MAY 21, 2024
By discarding established tests for proving that design patents are invalid as obvious Tuesday, the full Federal Circuit has opened the door for new invalidity arguments and created uncertainty by not providing much guidance on how courts should evaluate them, attorneys said.
JD Supra Law
MAY 21, 2024
The life sciences sector is in its “golden era” of innovation with the convergence of disciplines—including genetics, immunology, cell biology, and artificial intelligence—changing the speed, efficiency, and cost at which innovation occurs.
IP Watchdog
MAY 21, 2024
The full Senate Judiciary Committee met today to discuss ways to make U.S. prescription drugs more affordable, with a focus on the role patents play in high drug prices. Three of the five witnesses who testified pushed for various legislative and agency actions they claimed would help, while two of the witnesses said the patent system is working and that major changes like the ones proposed would gravely hinder incentives for innovation.
JD Supra Law
MAY 21, 2024
Copan Italia SPA v. Puritan Med. Prods. Co. LLC, Appeal No. 2022-1943 (Fed. Cir. May 14, 2024) The Federal Circuit’s only precedential opinion concerning a patent case this week had nothing to do with patent law. Instead, it concerned whether a party could claim immunity under the COVID-19-related Pandemic Readiness and Emergency Preparedness Act (“PREP Act”).
IP Watchdog
MAY 21, 2024
The full U.S. Court of Appeals for the Federal Circuit (CAFC)—minus Judges Newman and Cunningham—today overruled the so-called Rosen-Durling test for determining design patent obviousness, explaining that it has adopted “an approach consistent with Congress’s statutory scheme for design patents, which provides that the same conditions for patentability that apply to utility patents apply to design patents.
JD Supra Law
MAY 21, 2024
On 10 May 2024, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking aimed at changing the current practices surrounding terminal disclaimers. The proposed change could have substantial effects on the enforceability of patents that are subject to a terminal disclaimer.
The TTABlog
MAY 21, 2024
The phrase DREAM DECIDE DO may sound like it came from a Taylor Swift song, but it wasn't a hit with the TTAB. The Board affirmed a refusal to register the proposed mark, finding that it fails to function as a source indicator for "Stationery; Blank notepads; Blank paper notebooks; Printed day planners; Printed desktop planners; Printed motivational cards; A series of printed books, printed articles, printed handouts and printed worksheets in the field of motivation and personal development.
JD Supra Law
MAY 21, 2024
The US Supreme Court has ruled in favor of Sherman Nealy, a record producer who sued Warner Music for copyright infringement over a 2008 song by rapper Flo Rida, finding “there is no time limit on monetary recovery” in copyright cases filed before the statute of limitations has expired.
IP Law 360
MAY 21, 2024
A Texas appellate court has upheld a ruling preventing a Dallas car repair services company from litigating a trade secrets case there against a Michigan rival over allegedly hiring away a former executive, holding that the U.S. Supreme Court's Mallory decision last year doesn't do much in Texas.
JD Supra Law
MAY 21, 2024
On May 16, 2024, the Tokyo District Court (the “Court”) found that an artificial intelligence (“AI”) that autonomously generated an invention cannot be recognized as the inventor of that invention. The Court also expressed its hope that the legal issues addressed in the case would be settled through future legislation.
IP Law 360
MAY 21, 2024
A prominent entertainment attorney who represented Scarlett Johansson in litigation over the release of "Black Widow" is teaming up with the actress again, this time to battle OpenAI and its new chatbot, which Johansson claims sounds "eerily" like her, though she says she never granted the artificial intelligence company permission.
IP Watchdog
MAY 21, 2024
Senator Thom Tillis (R-NC) and Representative Victoria Spartz (R-IN) sent a letter on Monday to U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal imploring her to take steps to strengthen the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO) in the face of Ukraine’s ongoing war with Russia.
IP Law 360
MAY 21, 2024
The Federal Circuit on Tuesday affirmed a decision from the Patent Trial and Appeal Board that a patent covering a cloud computing environment that was challenged by Microsoft wasn't patentable because it was obvious.
Velocity of Content
MAY 21, 2024
In this opinion piece, Ivan Salcedo reflects on the Workflow of the Future event showcasing state-of-the art building design methods with Jonathan Rushmore, Principal and Vice President at leading infrastructure consulting firm AECOM. In the context of potential threats to SDO business models from recent decisions on IBR Approval in the USA and access to harmonized standards in the EU, the recent CCC webinar was an especially timely talk.
IP Law 360
MAY 21, 2024
A Florida Everglades scientist urged a state appeals court Tuesday to reverse a contempt ruling against him over violating an injunction to preserve computer data from his prior job, saying that the order was ambiguous and that the lower court wrongly appointed opposing counsel to prosecute the violation.
SpicyIP
MAY 21, 2024
Recently on May 15, the Delhi High Court granted partial relief to Hindi film actor Jackie Shroff in a case alleging infringement of his personality rights and trademark “Bhidu” Interestingly, this case comes only a few months after the Delhi High Court’s order concerning personality rights of another Hindi film actor- Anil Kapoor, where the Court read his personality rights from the lens of right to livelihood.
IP Law 360
MAY 21, 2024
A top product security engineer at Bungie told a Seattle federal jury on Tuesday that a hacker accused of exploiting a popular game to make cheat software likely never had access to the game's source code and acknowledged the game company hasn't seen the cheat code that it claims amounts to copyright infringement.
JD Supra Law
MAY 21, 2024
As explained in our previous article, Canada will soon be implementing a patent term adjustment (PTA) system to account for unreasonable delays by the Patent Office in issuing a patent. The necessary amendments to the Patent Act were enacted in 2023.
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