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In 2006, the Supreme Court upended U.S. innovation in eBay vs. MercExchange (eBay). The eBay decision mandated a four-factor test (eBay Factors) that made injunctions nearly impossible to obtain. A working paper from Professor Kristina M.L. Acri shows that eBay reduced injunctions by 91.2% for patent owners without a product and 66.7% for patent owners with a product. eBay opened the floodgates to massive predatory infringement, destroying countless startups, especially those commercializing cri
Manga and anime have become increasingly popular in recent years. These formats originate in Japan but are now popular all over the world. Available in static and animated form, ‘hentai’ describes the adult versions of the above, which also has growing audience of many millions of fans. As with any type of media, not all consumers are paying for access.
By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September 2024 (9 quarters, or 27 months). Here are a few highlights from the report: 1. Number of claims filed: The graph shows a linear progression, meaning the number of claims filed are steady, they are NOT increasing over time.
A common disparagement of copyright advocacy is that it is anti-technology. Despite overwhelming evidence that professional creators are early adopters of new technlogical developements, the talking point persists that enforcing the rights of creators can only “stifle innovation.” This “Luddite” critique of copyright rights was used to defend the predatory models of social and streaming […] The post Generative AI’s Analogs to Technological Disruptions of the Past appeared first on The Illu
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?
In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party e-commerce company could be “found.” The Tenth Circuit concluded that whether an e-commerce company is “found” in a district for purposes of jurisdiction is determined based on whether its officers or agents carry out the company’s business there, not on the manner in which.
How to Ask the Right Questions About Utility Patent Infringement Utility patent infringement is complex, to say the least. Beyond the technical analysis which can be quite nuanced, there are practical considerations such as cost and timing. Would the amount of money and time spent arguing the case be worth the results? Do you have the resources to reach a final decision?
Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks The International Intellectual Property Alliance (IIPA) was established nearly […] The post Strong Copyright Law Matters: The International Perspective appeared first on Copyright Alliance.
Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks The International Intellectual Property Alliance (IIPA) was established nearly […] The post Strong Copyright Law Matters: The International Perspective appeared first on Copyright Alliance.
Zest Labs wants Walmart sanctioned in a suit claiming the retail giant stole the startup's trade secrets related to shelf-freshness technology, telling an Arkansas federal judge that Walmart hid important evidence about patents it had filed applications for.
What this is : This article will explore the pros and cons of combining multiple amendment actions on a single UCC3 Financing Statement. What this means : While combining amendment actions on to one UCC3 filing , like a debtor name change and a continuation, may seem cost effective and efficient, it can carry notable risks.
Ed. Note: This week, leading up to Halloween, I will examine lessons for compliance professionals through the lens of the great Universal Movie Monsters: Frankenstein, Wolfman, Dracula, and The Mummy. Today, we consider Bela Lugosi’s film version of Dracula.
The USPTO refused to register the mark ROCK CREEK CATTLE COMPANY , in standard character and design form, for "Real estate development services, namely, development of a private luxury resort property; real estate development," without a disclaimer of CATTLE COMPANY. The Examining Attorney, pointing to the fact that applicant's services are offered on a site that includes an active cattle ranching operation, concluded that CATTLE COMPANY merely describes the services "because CATTLE COMPANY imme
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.
On October 18, 2024, the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), addressing, in relevant part, the propriety of claim construction at the Rule 12 stage.
Bell Helicopter Textron Inc. told a Texas jury that a third-party vendor took the aerospace company's tech and "slapped their name on it," saying during closing arguments Thursday that jurors should reject California-based digital avionics equipment supplier Rogerson Aircraft Corp.'s ask of $127 million.
As we previously reported, on September 24, 2024, the District Court for the Northern District of West Virginia denied Regeneron’s motion seeking a preliminary injunction preventing Amgen from launching its FDA-approved aflibercept biosimilar, PAVBLU (aflibercept-ayyh). A redacted version of the previously-sealed district court opinion was filed earlier this month.
The Federal Circuit on Thursday gave Lenovo a new shot at securing an order that could bar Ericsson from enforcing injunctions in South America amid the companies' globe-spanning standard-essential patent dispute, faulting a lower court's reasoning for rejecting Lenovo's request.
Is Theft of Trade Secrets a Crime Under Federal Law? Yes. In this installment, we’ll focus on the Economic Espionage Act (EEA) and the Defend Trade Secrets Act (DTSA), as well as the Computer Fraud and Abuse Act (CFAA). Theft of trade secrets is also a crime under state law.
MR Technologies has asked a California federal judge to deny Western Digital's bid to toss a $262 million patent infringement verdict in a dispute over disk drive storage technology, saying the hard drive behemoth's desire for a redo is outweighed by its failure to present any legal errors or abuse of discretion by the court.
On October 22, 2024, the Federal Circuit (CAFC Case No. 24-2351) denied Regeneron’s request for an injunction pending appeal for Amgen’s EYLEA® (aflibercept) biosimilar Pavblu™ (aflibercept-ayyh), concluding that “Regeneron has not established that an injunction pending appeal is warranted.”.
The Patent Trial and Appeal Board has fully thrown out an Orckit Corp. link aggregation patent and mostly invalidated another telecommunications patent following challenges from Cisco, finding their claims were too obvious to warrant patent protection.
Last week, GlaxoSmithKline and Northwestern University filed separate lawsuits against Moderna, accusing its mRNA-based vaccines of patent infringement.
U.S. Patent and Trademark Office Director Kathi Vidal fielded tough questions before a crowd of attorneys Thursday to start the annual American Intellectual Property Law Association annual meeting, covering topics from her agency's cybersecurity challenges to the backlog of patent and trademark applications.
Two years ago, the Colorado State Fair’s annual art competition sparked controversy after awarding a blue ribbon to a work generated in part by A.I. Jason Allen, the artist responsible for the work, said at the time, “I won, and I didn’t break any rules.” The judges agreed, despite outrage from some that the work lacked artistic merit.
A Wilmington federal jury next week will hear a trade secrets lawsuit that accuses a CEO of helping himself to confidential information about cancer treatment antibodies while being employed as an expert in an unrelated $200 million arbitration proceeding. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
In a case brought by a group of record labels against an internet service provider (ISP) for contributory copyright infringement of more than 1,400 songs, the US Court of Appeals for the Fifth Circuit ruled that the provider, which knew how its product would be used by subscribers, could be contributorily liable for its subscribers’ actions, but that because the record companies registered albums – not individual songs – with the US Copyright Office, statutory copyright damages were not.
A Delaware federal jury was wrong to find Comcast infringed a NexStep "digital butler" patent, and the trial judge properly overruled it, a split Federal Circuit panel said Thursday.
The US Patent & Trademark Office (PTO) published a final rule entitled, Expanding Opportunities to Appear Before the Patent Trial & Appeal Board; 89 Fed. Reg. 82172 (Oct. 10, 2024).
The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.
Generative artificial intelligence (AI) has become an essential tool in the drug discovery process. Trained with input regarding target engagement and desired pharmacological properties, or prompted to identify compounds that can bind a target, AI systems can rapidly generate libraries of new small molecules and biologics for clinical development, cutting years off of the research and development (R&D) timeline.
A North Carolina federal judge has ruled Sherbrooke Corporate Ltd. failed to properly allege three former executives it accused of stealing confidential, proprietary software to start their own company actually used that software or kept how it worked a secret.
While obtaining a design patent is often quicker than obtaining a utility patent, current design patent application pendency is often still a lengthy period of time. Based on data released by the USPTO in July 2024 and shown below, over the previous year the average length of time from a design application filing date to the date that a first Office action was mailed was 16.7 months (Figure 1, below).
Crowe & Dunlevy has picked up a politically ambitious intellectual property professor from Oklahoma City University School of Law who has previously worked as a litigator for nonpracticing entities and as a patent examiner.
Introduction The Kalyani Group, a prominent group in India’s Industrial Landscape, is currently finding itself embroiled in a dramatic family feud that has enthralled the world around. AT the epicenter of this feud is Bharat Forge’s chairman, Baba Kalyani, who has just recently lost the control of the board room which marked the end of his 31-year-old tenure as a board member.
A Washington federal judge on Thursday approved a request from Huawei and the government to delay a trial until October 2026 in a case alleging the company stole T-Mobile's trade secrets.
Originally posted 2012-02-23 13:50:40. Republished by Blog Post Promoter And that’s why the U.S. District Court issued a restraining order in the Palin vs. Gawker copyright lawsuit. Hat tip to Instapundit. UPDATE: Issues laid out, nice and neat, at the Duets Blog. UPDATE: Lawsuit settled. Not that doing so helped Gawker. The post Hating someone doesn’t mean you can infringe her copyright appeared first on LIKELIHOOD OF CONFUSION™.
The U.S. International Trade Commission banned foreign counterfeits of a tourniquet used by the U.S. military, finding that a broad exclusion order was necessary to protect the domestic manufacturers' intellectual property.
Somewhat related to a claim of copyright infringement (and often preempted by such a claim – more on that later), is the claim for Right of Publicity. While sometimes available to any individual , Right of Publicity is typically aimed at protecting the name or likeness of famous individuals. [scroll down for free resources that explain what the right of publicity is and how you protect yours] What is the Right of Publicity?
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