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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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.
Artificial Intelligence Implications for Research Programs in Academic Medical Centers
JD Supra Law
NOVEMBER 25, 2024
Introduction - Research programs that are part of Academic Medical Centers (AMC) are uniquely positioned to accelerate the translation of research into clinical care. The central role of a clinician scientist in the AMC drives innovation from the viewpoint of health and disease. An organizational structure supporting basic, clinical and translational research creates a natural pipeline for innovation from fundamental biological discoveries to long-term health outcomes.
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?
Does the sale of goods in Turkey lead to exhaustion of EU trade mark rights?
The IPKat
NOVEMBER 25, 2024
The European Economic Area (‘EEA’) consists of Iceland, Norway, Liechtenstein and the EU. It seems obvious that trade mark rights regarding goods placed on the Turkish market by the trade mark owner are not exhausted under Art. 15 EUTMR. According to this provision, An EU trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the European Economic Area under that trade mark by the proprietor or with his consent.
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.
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Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
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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?
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.
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.
Pirate Sites Play Possum While Boosting Counter-Enforcement Measures
TorrentFreak
NOVEMBER 25, 2024
A man who previously admitted selling pirate TV devices recently appeared at Liverpool Crown Court for sentencing. Hoping for leniency on three counts of fraud, Jonathan Edge’s defense evoked an image of a Robin Hood character stealing from the Premier League for the benefit of Sky TV-deprived local communities. That went as well as could be expected, especially in light of the defendant’s previous convictions for fraud.
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.
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
Monday Melange
The IPKat
NOVEMBER 25, 2024
Another week has begun and it's time to catch up with the usual IPKat round-up of IP developments, events, and opportunities. As always, do not forget to regularly check our Events page as well. The warm comfort of IP events. Events Workshop: The Human Right to a Healthy Environment: What Impact on Intellectual Property Laws? (4 December 2024) This IViR workshop event will include a series of sessions focussing on the impact on IP laws of the human right to a healthy environment, which was recen
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.
Amici Back Island IP’s Argument That Federal Courts Are Improperly Using Procedural Rules
IP Watchdog
NOVEMBER 25, 2024
On Friday, November 22, the U.S. Supreme Court received several amicus briefs as well as the respondent’s brief in Island Intellectual Property LLC v. TD Ameritrade, Inc., a case challenging the federal judiciary’s application of procedural rules in patent cases. The petition argues that both district courts and the U.S. Court of Appeals for the Federal Circuit are misusing federal and local rules in a manner that results in summary affirmance of flawed determinations made at the summary judgmen
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.
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
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.
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.
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.
Baldrige Award Recipients Prepping to Share Best Practices and Innovations
U.S. Department of Commerce
NOVEMBER 25, 2024
Last month, Deputy Secretary of Commerce Don Graves called five organizations to congratulate them on receiving the 2024 Malcolm Baldrige National Quality Award , the nation’s only presidential award for performance excellence. Now that the initial celebrations have quieted, the real power of the Baldrige Award begins —sharing of best practices so that other U.S. organizations can learn and improve.
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.
Copyright case: Bennett v. Walt Disney Co., USA
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
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.
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.
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.”.
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.
Copyright, AI Training, and LLMs: The Path Forward
Velocity of Content
NOVEMBER 25, 2024
The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC).
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.
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.
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.
What Are Presumed Damages. 2024 Guide
Traverse Legal Blog
NOVEMBER 25, 2024
What Are Presumed Damages: A Closer Look in 2024 Presumed damages are a type of legal remedy awarded in defamation cases without requiring proof of actual harm. The law assumes that the defamatory statement has caused harm to the plaintiff’s reputation or other interests. Key Considerations for Presumed Damages: Defamation Per Se: Presumed damages are typically available only for defamation per se, which involves statements so harmful that damage is presumed, such as accusations of serious
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.
omitting serving size on package front may mislead if dosage suggests per-gummy dose
43(B)log
NOVEMBER 25, 2024
Tarvin v. Olly Pub. Ben. Corp., 2024 WL 4866271, F.Supp.3d -, No. 2:24-cv-06261-WLH-PD (C.D. Cal. Nov. 12, 2024) Olly makes dietary supplements, e.g., “Sleep Extra Strength Melatonin 5 mg.” Each product includes the dosage amount and the net quantity of units per container on its front label. But, unlike some other brands, Olly Products do not state the serving size on the front label or that the dosage amount is per serving.
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.
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