Plagiarism Today
DECEMBER 13, 2023
US ISP hit with massive copyright lawsuit, trial over Disney-used face capture software continues and Spotify will not leave Uruguay. The post 3 Count: Spotify’s Return appeared first on Plagiarism Today.
Intellectual Property Law Blog
DECEMBER 13, 2023
In United Therapeutics Corp. v Liquidia Tech Inc. , the Federal Circuit reviewed the district court’s decision on invalidity and infringement of two pharmaceutical patents and the impact of the Final Written Decision (FWD) in a parallel inter-partes review (IPR) upon the district court’s decision. Background Liquidia filed a New Drug Application for Yutrepia TM , its non-generic dry powder inhalation formulation of the drug treprostinil, under § 505(b)(2) of the Food, Drug, and Cosmetic Act.
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TorrentFreak
DECEMBER 13, 2023
Over the past year, artificial intelligence enjoyed its mainstream breakthrough. The instant success of ChatGPT and follow-up releases of other large language model-based tools kickstarted what many believe is a new revolution. By now it is clear that AI offers endless possibilities. At the same time, however, it has ignited many new worries. Copyright holders, in particular, are concerned that their work is being used as training models but without permission. ‘Piracy-Trained’ AI Mo
Erik K Pelton
DECEMBER 13, 2023
Erik introduces you to the new USPTO search engine and shares his thoughts about the updated platform in this podcast. The post All About the New USPTO Trademark Search System appeared first on Erik M Pelton & Associates, PLLC. Erik introduces you to the new USPTO search engine and shares his thoughts about the updated platform in this podcast.
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?
TorrentFreak
DECEMBER 13, 2023
For more than a decade, the French government has produced a report detailing the digital content consumption habits of French internet users. Currently produced by telecoms regulator Arcom, the content consumption barometer report quantifies consumption of major content categories including movies, TV shows, live sports broadcasts, music, video games, software, and audiobooks, among others.
The IPKat
DECEMBER 13, 2023
The recent Board of Appeal decision in T 1356/21 covered a number of interesting legal points in the field of pharmaceutical patents. The case related to the novelty and inventive step of a second medical use claim. The only distinguishing feature of the claim in view of the prior art was the specified concentration of the active substance (insulin) in the pharmaceutical formulation.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
DECEMBER 13, 2023
Over the last year, the Federal Circuit has suspended one of its own judges, Delaware's chief federal judge has told the U.S. Department of Justice to investigate attorneys practicing in his court, and the Federal Circuit vacated a huge infringement verdict. Here's what you need to know about these cases and other major decisions in 2023.
IP Watchdog
DECEMBER 13, 2023
On December 13, the U.S. House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing titled Digital Copyright Piracy: Protecting American Consumers, Workers, and Creators to examine the current state of copyright infringement on the Internet, especially issues related to illicit streaming services. While recognition of shortcomings in current copyright legislation is nothing new, subcommittee leadership and membership from both sides of the aisle demonstrated a
IP Law 360
DECEMBER 13, 2023
The Harlem Globetrotters have settled an intellectual property dispute with the makers of a biopic about one of its legendary athletes, Nat "Sweetwater" Clifton, after initially claiming that the film could harm the team's brand.
Technology & Marketing Law Blog
DECEMBER 13, 2023
by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance.
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 Law 360
DECEMBER 13, 2023
As new and emerging legal concerns plagued clients, large law firms sprung into action in 2023, launching new practice groups to accommodate the increased need.
Biswajit Sarkar Copyright Blog
DECEMBER 13, 2023
On December 06, 2023, the Eurasian Patent Office instituted a ground breaking stride in IP system by adopting the WIPO Standardisation termed- ST.91. This standardisation provides recommendations for Intellectual Property Offices (IPOs) and other interested parties that manage, store, process, exchange or disseminate IP data using digital three-dimensional (3D) models and 3D images.
The IPKat
DECEMBER 13, 2023
Kat-negotiations. As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU). After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right fo
JD Supra Law
DECEMBER 13, 2023
Key Points The rapid adoption of artificial intelligence (AI) technology across the economy has raised a number of novel legal issues.
The TTABlog
DECEMBER 13, 2023
The Board sustained an opposition to VOGUE VEGAN for cosmetics containing no animal products or by-products, and granted a petition for cancellation of a registration for that same mark for "personal shopping for others who want goods containing no animal products or by-products," on the ground that the mark dilutes the famous VOGUE and VOGUE-formative marks for fashion magazines and related services.
JD Supra Law
DECEMBER 13, 2023
Precedential and Key Federal Circuit Opinions - 1. VLSI TECHNOLOGY LLC, v. INTEL CORPORATION [OPINION] (2022-1906, 12/04/2023) (Lourie, Dyk, Taranto) - Taranto, J. The Court reversed the judgment of infringement on one patent with a $675 million jury award, affirmed the judgment of infringement on another patent but vacated the damages award of $1.5 billion with respect to that patent, and reversed the denial of a motion for leave to amend to add a license defense.
SpicyIP
DECEMBER 13, 2023
Image by Freepik [ This post is authored by SpicyIP Intern Jyotpreet Kaur. Jyotpreet is a third-year law student who is interested in Intellectual Property Rights and Competition Law and looks to study their interaction with each other. ] Patent Prosecution refers to the process whereby an applicant files an application before the Patent Office for the grant of a patent.
JD Supra Law
DECEMBER 13, 2023
Early in the New Year we often see employees switching jobs, which can trigger disputes over restrictive covenants in their employment agreements.
Patently-O
DECEMBER 13, 2023
Guest Post by Jordan Duenckel. Jordan is a third-year law student at the University of Missouri and a registered patent agent. He has an extensive background in chemistry, food science, and economics. Law is a noble profession destined to be marred by the activities of attorneys behaving badly. On November 27 th , Chief Judge Colm Connolly of Delaware released a blistering opinion reprimanding counsel for inexcusable and willful lapses in professional responsibility, misrepresentations to the U
JD Supra Law
DECEMBER 13, 2023
Judgment Gist - Evidence 5 discloses that “the process according to the invention forms a product which rigidifies far better than alternative treatments, for instance the use of water swellable, water swellable polymers or pre-formed solutions of water soluble polymers.” Evidence 5 discloses the technical solution of the subject patent which uses “a solution of a water-soluble polymer”.
IP Tech Blog
DECEMBER 13, 2023
In the age generative AI, it is easier than ever to make an unauthorized AI replica of our favorite celebrities. Using AI algorithms, deepfake technology can create authentic-looking, fictional reproductions, making it quite difficult to spot the difference between a real and a fake. Many of us see AI generated songs and recordings on the internet every day, but rapid advancements in this technology pose rising threats for well-known performers, as well as ordinary people, who have little contro
JD Supra Law
DECEMBER 13, 2023
On December 8, 2023, the National Institute of Standards and Technology (NIST) published a draft guidance document regarding the government’s exercise of “march-in” rights under the Bayh-Dole Act. The Bayh-Dole march-in rights apply solely to patents and patent applications supported with federal funding, and not to products themselves.
IP Law 360
DECEMBER 13, 2023
The Federal Circuit on Wednesday upheld a decision rejecting claims in Institut Pasteur's patent application for a pain treatment method, saying it was because the French biomedical research center already had a similar patent.
JD Supra Law
DECEMBER 13, 2023
Samsung Bioepis recently reported that it has signed a settlement and license agreement with Johnson & Johnson (“J&J”) in the United States relating to SB17, Samsung Bioepis’s ustekinumab biosimilar to J&J’s STELARA®. If SB17 is approved by the FDA, the license period in the United States will begin on February 22, 2025.
Trading Secrets
DECEMBER 13, 2023
In a recent decision, the Eleventh Circuit seemed to approve a more forgiving standard for reviewing restrictive covenants. Courts generally have three colors in their markup kit for restrictive covenants. The first—and most severe—is the red pencil. In those jurisdictions, if any aspect of a restrictive covenant is overbroad, the court strikes out the whole provision.
JD Supra Law
DECEMBER 13, 2023
The Biden Administration’s recent publication of the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights and its request for comments on the draft guidance will impact how march-in rights under Bayh-Dole may be exercised in the future.
IP Law 360
DECEMBER 13, 2023
Michigan courts this year handed down rulings that should revitalize the plaintiffs' bar, shake up how the car capital of the world does business and serve as a reminder that nine-figure jury verdicts can be undone without enough evidence to back them up.
JD Supra Law
DECEMBER 13, 2023
In an opinion issued on December 11, the US Copyright Office Review Board affirmed a refusal to register a work of art created in part by generative artificial intelligence (AI), concluding that the work lacked the “human authorship” necessary to claim copyright protection. The opinion is just the third time the Board has issued a written opinion analyzing the impact of generative AI on copyright protection.
Patently-O
DECEMBER 13, 2023
by Dennis Crouch This post gets into some weeds about obviousness type double patenting stemming from the Federal Circuit’s new decision in Institut Pasteur. Although non-precedential, the decision signals that the doctrine remains strong (and strict). The decision cements that for OTDP analysis, any comparison of unexpected results or long-felt need must be made to the applicant’s own earlier patent claims, not the closest “prior art.” The court also endorsed reliance on inh
JD Supra Law
DECEMBER 13, 2023
Last week, the Seventh Circuit heard arguments in Motorola Solutions, Inc. v. Hytera Communications Corp. concerning when, if at all, civil claims under the Defend Trade Secrets Act (“DTSA”) may extend to extraterritorial sales. Based on the panel's questions, the Seventh Circuit is likely to offer litigants critical guideposts for understanding when “an act in furtherance of the offense” takes place in the United States and when trade secret owners may claim damages based on foreign sales under
Kluwer Copyright Blog
DECEMBER 13, 2023
Image generated from DALL-E 3 with the prompt ‘ ASEAN Ministers discussing the ASEAN AI Framework Guidelines during the ASEAN Summit 2024 in Bali, Indonesia.’ Setting the Scene Much ink has been spilled on the legal discourse surrounding generative AI (GenAI) and copyright. In this post, the focus is on the unlicensed use of copyright-protected works in the context of training GenAI models, where such use could jeopardise the market for those particular expressions (see Sobel ).
JD Supra Law
DECEMBER 13, 2023
The PTAB recently denied IPR institution in Sophos v. Open Text because the petitioner failed to show a reasonable likelihood that the asserted reference was, in fact, prior art. IPR2023-00732, Paper 23 (November 2, 2023).
LexBlog IP
DECEMBER 13, 2023
The 1976 Copyright Act significantly expanded intellectual property protection for dance by recognizing “choreographic works” as original works of authorship eligible for copyright protection. (Before the 1976 Act, narrative dance could be protected as a dramatic work, but abstract dance could not.) However, when Congress enacted the statute, it did not provide guidance for a key question: what is a choreographic work?
IP Law 360
DECEMBER 13, 2023
Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.
LexBlog IP
DECEMBER 13, 2023
Atlanta Celebrates: USPTO’s New Southeast Regional Office Location by Jaime Chandra Atlanta Celebrates: USPTO’s New Southeast Regional Office Location We are thrilled to celebrate a significant milestone for the Atlanta technology ecosystem. On December 13th, 2023, the United States Patent and Trademark Office (USPTO) officially announced the selection of Atlanta as the site for its new Southeast Regional Office.
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