AI-Scraping Copyright Litigation Comes to Canada (CANLII v Caseway AI)
Hugh Stephens Blog
NOVEMBER 25, 2024
Image: Shutterstock (with AI assist) It was inevitable.
Mon.Nov 25, 2024
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Court Expands Google and Cloudflare DNS Blocking to Combat Piracy
TorrentFreak
NOVEMBER 25, 2024
In May, the Paris Judicial Court ordered Google, Cloudflare, and Cisco to block access to several pirate websites by poisoning their DNS. The order, issued under Article L.333-10 of the French Sports Code, compelled the tech giants to prevent users from accessing unauthorized streams of Champions League and Premier League matches. Applicant Canal+ argued that the alternative DNS resolvers allowed people to bypass the “regular” blocking measures implemented by internet providers.
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What Is Accidental Copyright Infringement. 2024 Update
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.
IP.com Launches InnovationQ – The Next Generation of Prior Art Search Technology
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.
Software Composition Analysis: The New Armor for Your Cybersecurity
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?
Never Too Late: If you missed the IPKat last week!
The IPKat
NOVEMBER 25, 2024
Never too late to get back on track! Join this Kat to catch up on what you may have missed. Trade marks Jocelyn Bosse reported on a recent decision of the Federal Court of Australia concerning the honest concurrent use of a trade mark. The court was asked to decide whether the American artist Katy Perry was liable for trade mark infringement and whether the trade mark “KATIE PERRY” registration should be cancelled.
SCOTUS Invites SG to Weigh in on Cox/ Sony Cases, Denies Petition Charging Newman’s Removal Harms Patent Owners
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.
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SpicyIP Weekly Review (November 18 – November 24)
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.
Ninth Circuit Decision on NIL Statute of Limitations Risks Havoc and Needs to Be Reheard
IP Watchdog
NOVEMBER 25, 2024
On November 21, 2024, Cody Allen Easterday filed a Petition for Rehearing En Banc in Cody Allen Easterday v. Tyson Fresh Meats Inc., No. 23-3836, (link here). Easterday’s case involves a timely and important issue regarding his name, photograph, and likeness rights (commonly referred to as name, image, and likeness “NIL” rights). Specifically, the Panel (at the Ninth Circuit) erred in barring Easterday from presenting NIL claims involving trespass on his rights as recently as six months before
Service Agreements Who Should Own Developed Intellectual Property
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?
Are Recipes and Cookbooks Protected by Copyright?
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.
IPO Diversity in Innovation Toolkit
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.
U.S. Patent and Trademark Office Set to Increase Trademark Fees in 2025
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.
The Locality Rule
Nelligan Law
NOVEMBER 25, 2024
Reading Time: 2 minutes Are small-town physicians held to the same standard of care as their urban counterparts? In the past, the answer to this inquiry could well have been “No” because of the “locality rule”. The rule refers to the idea that the standard of care expected of medical practitioners may be adjusted according to the location of their practice.
On Strategy for Overcoming Novelty Rejection according to Principle of Novelty Presumption
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
Precedential No. 28: TRIPLEYE Not Confusable With 3RD EYE for Optical Monitoring Software and Services, Says TTAB
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.
U.S. Patent and Trademark Office Set to Increase Patent Fees in 2025
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.
The Law Bytes Podcast, Episode 220: Marina Pavlović on the CRTC’s Plans to Address Consumer Frustration Over Wireless Contracts
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.
U.S. Patent and Trademark Office Sets 2025 Fee Schedule
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.
Gibson Dunn Treated Crypto Client Like 'Hot Potato,' Suit Says
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.
Leveraging Policy Changes to Achieve AI Patent Eligibility
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.
Judge Bemoans 'Chaotic' Contracts In Jack Nicklaus IP Case
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.
USPTO Patent Fee Changes: What You Need to Know
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.”.
Amazon Settles Co.'s Patent Infringement Suit Over Alexa
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.
Supreme Court Passes on IT v. Zebra: What is Next for Standing in Patent Cases
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.
Credit Bureaus Freed From VantageScore Antitrust Suit
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.
IP Litigation Newsletter - November 2024
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.
Calif. Jury Delivers $35M Verdict In Eyedrop Trademark Row
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.
Get Ready for Changes to USPTO Trademark Proceedings and Fees in January 2025
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.
Samsung Inks Deal In Suit Nixed Over Rival's Atty Misconduct
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.
USPTO Institutes Additional Fees for Large Information Disclosure Statement Filings
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.
'Sham' Patent Charges Bog Down Holiday Light Fight
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.
Director Review Spotlight: Multiple Dependent Claims
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.
Tesla Nears Deal In Trade Secret Suit Against EV Rival Rivian
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.
The Marrakesh Treaty and Section 52 (z)(b) of The Copyright Act: Opening Doors to Knowledge for the Visually Impaired
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
Calif. Panel Scraps Ex-Medical Supply Exec's $533K Fee Win
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.
Masters of their domain
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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