Hugh Stephens Blog

NOVEMBER 25, 2024

Image: Shutterstock (with AI assist) It was inevitable.

Litigation 227

Litigation Copyright 227

Traverse Legal Blog

NOVEMBER 25, 2024

Copyright Infringement Definition: Copyright infringement occurs when a copyrighted work owned by someone else is copied, reproduced or mimicked, distributed, performed, publicly displayed, or made into a derivative work without the express or implied permission of the copyright owner, thereby infringing certain exclusive rights granted to the copyright holder.

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Copyright Infringement Copyright Web Design Fair Use 98

IP.com

NOVEMBER 25, 2024

Press Release: 11/24/2024 IP.com is thrilled to announce the launch of InnovationQ, the next-generation interface for its industry-leading Prior Art Database. InnovationQ is powered by Semantic Gist®, IP.com’s proprietary AI technology, setting a new standard in intellectual property management with fast, accurate, and contextually relevant prior art searches.

Art 92

Art Technology Intellectual Property Management Intellectual Property 92

IP Watchdog

NOVEMBER 25, 2024

The U.S. Supreme Court today invited the Solicitor General (SG) to weigh in on a case about internet service provider (ISP) liability for infringement and denied another petition for certiorari asking the Court to clarify U.S. patent eligibility law. The latter petition also asked the Court to consider whether Judge Pauline Newman’s effective removal from the U.S.

Patent 64

Patent Law Patent Infringement Litigation 64

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?

Technology

Kluwer Copyright Blog

NOVEMBER 25, 2024

Allegations against Marvel and one of its top writers fail for the second time. Action-adventure characters from the Captain America and Spider-Man franchises were not unlawfully copied from the self-published comic book series of a relatively unknown author, the U.S. Court of Appeals for the Eleventh Circuit has held. The court, in affirming an Atlanta court’s decision to dismiss the author’s pro se complaint, puts an apparent end—at least for now—to the author’s quixotic effort to collect a bi

Copyright 59

Copyright Editing Publishing Copying 59

SpicyIP

NOVEMBER 25, 2024

Here is our recap of last week’s top IP developments including summary of the posts on Madras High Court’s order in Sakata Seed Corporation v. The Controller of Patents and Designs, India’s first AI Copyright litigation involving OpenAI, and the rejection of an RTI Application concerning IPRS’ compliance with the Copyright Act. This and a lot more in this week’s SpicyIP Weekly Review.

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Copyright Invention Trademark IP 59

JD Supra Law

NOVEMBER 25, 2024

In the case of the ownership of intellectual property (IP) developed by a supplier as part of a service agreement with a customer, should the traditional position that the customer should own all developed IP always be the position agreed upon by the parties?

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Intellectual Property Ownership IP 111

Copyright Alliance

NOVEMBER 25, 2024

There’s a great deal of time, money, and effort that goes into creating recipes and the content that accompanies them. Creators can spend hours perfecting a dish, taking mouthwatering photographs […] The post Are Recipes and Cookbooks Protected by Copyright? appeared first on Copyright Alliance.

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Copyright 103

JD Supra Law

NOVEMBER 25, 2024

The United States Patent and Trademark Office ("PTO") has issued its Final Rule adjusting filing fees at all stages of the trademark application and maintenance filing process. The new fees will take effect on January 18, 2025.

Trademark 111

Trademark Patent 111

The TTABlog

NOVEMBER 25, 2024

In a rather straightforward, yet precedential decision, the Board dismissed a Section 2(d) opposition to registration of the mark TRIPLEYE for optical monitoring software and equipment and related technical services, finding confusion unlikely with the registered mark 3RD EYE for vehicle surveillance and detection systems and related hardware, software and software-based services.

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Registration Designs Design Marketing 56

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.

Patent

JD Supra Law

NOVEMBER 25, 2024

Regarding the examination on novelty of a product claim including a feature of performance or parameters, the Guidelines for Patent Examination provides the following principle: By: Linda Liu & Partners

Patent 110

Patent 110

Michael Geist

NOVEMBER 25, 2024

Consumer frustration with just about everything associated with Canadian communications services is well known. The list of concerns is long: high prices, contracts that lock in consumers but not providers, gaming prices to make comparison shopping difficult, and confusing consumer codes among them. As politicians have begun to take notice, the CRTC has suddenly become more active with several consultations and new consumer focused initiatives.

Contracts 52

Contracts Law 52

JD Supra Law

NOVEMBER 25, 2024

The United States Patent and Trademark Office (USPTO) has issued its Final Rule with adjusted filing fees at all stages of patent and trademark application filings through maintenance fees. The fee increases will take effect on January 19, 2025.

Trademark 108

Trademark Patent 108

IP Law 360

NOVEMBER 25, 2024

Crypto trading firm Swan Bitcoin hit Gibson Dunn & Crutcher LLP with a malpractice lawsuit in California court Friday, alleging Gibson Dunn dumped Swan "like the proverbial 'hot potato'" in underlying trade secret litigation and tried to take on Swan's rival as a client after a lateral hire created a conflict of interest.

Litigation 52

Litigation 52

JD Supra Law

NOVEMBER 25, 2024

The United States Patent and Trademark Office (USPTO) has finalized its fee schedule for 2025. The updated fee schedule is effective on January 19, 2025. It includes increases to most standard office fees.

Trademark 104

Trademark Patent 104

IP Law 360

NOVEMBER 25, 2024

The New York state judge presiding over golf legend Jack Nicklaus' intellectual property lawsuit on Monday signaled he may not be able to untangle a set of contradictory contracts, which could lead to a trial over who can use the "Golden Bear's" name and likeness.

Contracts 52

Contracts Intellectual Property IP 52

JD Supra Law

NOVEMBER 25, 2024

The patent landscape for artificial intelligence is poised to undergo significant transformation. Originally published in Law360 - August 23, 2024.

Patent 100

Patent Publishing 100

IP Law 360

NOVEMBER 25, 2024

Two Amazon companies have reached a settlement with a company that accused them of patent infringement over the voice processing technology used in the Amazon virtual assistant Alexa, according to a minute entry entered Monday.

Patent Infringement 52

Patent Infringement Settlement Patent Technology 52

JD Supra Law

NOVEMBER 25, 2024

The US Patent and Trademark Office (USPTO) has released a final rule implementing increases to various patent fees, effective January 19, 2025. This will impact 433 patent fees, including the introduction of 52 new fees. According to the USPTO, “fee adjustments are necessary to provide the agency with sufficient financial resources to facilitate the effective administration of the US patent system.”.

Patent 94

Patent Trademark 94

IP Law 360

NOVEMBER 25, 2024

An Illinois federal judge has ruled there is no evidence the three major credit bureaus conspired with the Fair Isaac Corporation to engage in a monopoly, reasoning there was no impetus for them to do so, but also found that credit score buyers sufficiently backed some of their antitrust claims against FICO.

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JD Supra Law

NOVEMBER 25, 2024

The Supreme Court recently declined to hear an appeal from the Court of Appeals for the Federal Circuit addressing standing requirements for asserting a patent infringement action. In June, the Federal Circuit reversed a district court finding that Intellectual Tech (IT) possessed constitutional standing sufficient to sue Zebra Technologies (Zebra) for patent infringement.

Patent Infringement 89

Patent Infringement Patent Technology 89

IP Law 360

NOVEMBER 25, 2024

A Tennessee pharmaceutical company convinced a California federal jury that a rival owes it about $35 million for infringing its trademarks on brands of post-surgical eyedrops.

Trademark 52

Trademark Branding Brands Branding 52

JD Supra Law

NOVEMBER 25, 2024

Welcome to the Intellectual Property Litigation Newsletter, our new review of decisions and trends in the intellectual property arena. In this edition, we learn that advice is best coming from counsel, Texas claims jurisdiction over subsidiaries, and a pair of judges definitely recused themselves from an indefiniteness finding.

Litigation 82

Litigation Intellectual Property Editing IP 82

IP Law 360

NOVEMBER 25, 2024

Samsung has reached a settlement with former in-house attorneys seeking more than $300 million for alleged patent infringement, a deal that comes after Samsung defeated the suit based on attorney misconduct that a Texas federal judge called "repugnant to the rule of law," according to a motion filed Sunday.

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Settlement Patent Infringement Law Patent 52

JD Supra Law

NOVEMBER 25, 2024

Effective January 18, 2025, the United States Patent and Trademark Office (“USPTO”) will update some of its trademark proceedings and fees. The changes aim to provide the USPTO with the additional funding needed to continue to improve its operations and streamline its services, including reducing processing delays, improving examination, enhancing IT systems, and addressing the ever-increasing fraudulent activities before the office.

Trademark 69

Trademark Patent 69

IP Law 360

NOVEMBER 25, 2024

Amid a multi-front intellectual property fight between a China-based holiday light manufacturer and a so-called "patent troll," the company told a Georgia judge Monday that the patent holder had impermissibly tried to engineer jurisdiction by signing over to itself one of the patents at issue just minutes before filing its counterclaim.

Patent Troll 52

Patent Troll Intellectual Property Patent 52

JD Supra Law

NOVEMBER 25, 2024

The advice to practitioners faced with marginally relevant prior art has long been "when in doubt, cite it." There was a small cost for the applicant (or practitioner) to cite such art by filing an information disclosure statement (IDS), but substantial potential risks that could arise if the art was not cited.

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Art 65

IP Law 360

NOVEMBER 25, 2024

Tesla said in a notice filed in California state court that it would be settling its lawsuit accusing rival electric vehicle manufacturer Rivian Automotive of recruiting its employees, who allegedly took Tesla's trade secrets with them to the defendant to use for its plans to release an electric truck.

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JD Supra Law

NOVEMBER 25, 2024

In Nested Bean, Inc. v. Big Beings USA Pty Ltd, IPR2020-01234 (PTAB February 24, 2023), Director Vidal considered how multiple dependent claims should be addressed in Patent Trial and Appeal Board proceedings.

Patent 62

Patent 62

IP Law 360

NOVEMBER 25, 2024

A California appeals court has found that an Orange County judge was wrong to order a medical supply company to pay out half a million dollars in legal fees to a former executive who a jury found took confidential files out the door with him.

Confidentiality 52

Confidentiality 52

Intepat

NOVEMBER 25, 2024

Introduction Knowledge has the potential to transform lives by opening doors to education, career opportunities, and personal growth. However, for millions of individuals who are blind, visually impaired, or print-disabled, accessing this knowledge has long been a significant challenge. The global “book famine” — a widespread lack of reading materials in accessible formats like braille, large print, and audiobooks — has restricted educational and professional opportunities for visually impaired

Copyright 52

Copyright Intellectual Property Intellectual Property Law Copyright Law 52

IP Law 360

NOVEMBER 25, 2024

The U.S. International Trade Commission has agreed with an administrative law judge's finding that Nortek Inc. violated U.S. trade law by importing products that infringe on a rival's intellectual property, putting a ban on imports of certain garage door openers.

Intellectual Property 52

Intellectual Property IP Law 52

Likelihood of Confusion

NOVEMBER 25, 2024

Originally posted 2007-08-05 10:29:43. Republished by Blog Post PromoterA proposed “Domain Registrant’s Code of Rights and Responsibilities.” Hat tip to Domain Name News. The post Masters of their domain appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Registration 52

IP Law 360

NOVEMBER 25, 2024

A commercial actress has accused a hormone treatment company and its affiliates of improperly using her image and likeness in promotional materials touting its therapies, telling a Texas state court the business "blatantly misappropriated" her personal brand.

Branding 52

Branding Brands Branding Business 52

Patently-O

NOVEMBER 25, 2024

by Dennis Crouch The Supreme Court currently has two cases that each provide opportunity to address a longstanding problem with the Federal Circuit’s practice of issuing no-opinion summary affirmances in patent cases. In ParkerVision v. TCL Industries Holdings Co. , No. 24-518, and Island Intellectual Property LLC v. TD Ameritrade, Inc. , No. 24-461, the petitioners challenge the Federal Circuit’s use of Rule 36 judgments – where the court simply affirms the lower tribunal̵

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Intellectual Property Patent IP Technology 40